Article 107. Appeal against decisions, sanctions of the investigating judge, filing a petition of the prosecutor of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

   1. during the pre-trial investigation, the suspect, his lawyer, legal representative, victim, his legal representative, representative, a person whose rights and freedoms are directly affected by the act of the investigating judge, the investigating judge shall have the right to::

     1) on the sanction or detention of a suspect in the form of custody, extradition arrest, house arrest, bail, extension of the term of house arrest;

     2) refusal to issue a warrant for the detention of a suspect in custody, extradition arrest, house arrest, bail or refusal to extend the term of detention, house arrest;

     3) on cancellation or refusal to cancel the sanctioned preventive measure;

     4) on the seizure or refusal to seize property;

     5) on exhumation or refusal;

     6) on the publication or refusal of an international search;

     7) on compulsory placement or refusal of a person in a medical organization for conducting a forensic and (or) forensic psychiatric examination;

     8) on the conversion or refusal of the subject of pledge to state income;

     9) consideration of complaints about actions (omissions) and decisions of the prosecutor, criminal prosecution bodies;

     10) on the sanction or refusal to sanction inspection, search, seizure, personal search, forced inspection, forced seizure of samples;

     11) appeal against the decision, sanction of the criminal prosecution body on the conduct of other investigative actions, with the exception of the appointment or refusal to appoint an examination, or secret investigative actions, and the prosecutor has the right to file a petition.

     1-1. in the course of pre-trial investigation, the prosecutor shall conduct an investigation of the judge:

     1) on sanctioning or refusal to sanction covert investigative actions;

     2) on extension or refusal to extend the terms of secret investigative actions;

     3) on extension or refusal to extend the terms of informing a person about secret investigative actions carried out in relation to him;

     4) consent of the pre-trial investigation body not to inform the person about the secret investigative actions carried out against him or refusal to give such consent to the pre-trial investigation body;

     5) refusal to satisfy the prosecutor's application for termination of secret investigative actions;

     6) a petition for a resolution, a sanction on the termination of secret investigative actions carried out in accordance with the procedure established by Article 235 of this code and on the inadmissibility of using the results obtained as evidence.

     2.the decision of the investigating judge issued in accordance with the rules of this article may be appealed within three days from the moment of its disclosure to the regional and equivalent court through the court issued by the investigating judge, by the persons mentioned in the first part of this article, as well as filed a petition to it by the prosecutor. The period missed for a good reason may be restored at the request of the interested person in accordance with Article 50 of this code.

     3. Appealing or bringing a prosecutor's motion shall not suspend the execution of the decisions specified in the resolution on the issues specified in paragraphs 8) and 10) of the first part of Article 55 and paragraphs 1), 2), 7) and 10) of the first part of this Article.

     4.after the expiration of the period for filing a complaint, filing a prosecutor's petition, the materials together with the complaint, the prosecutor's petition are sent to the regional or equivalent Court, in which the applicant and the person whose actions (omissions) and decisions were appealed and the prosecutor are notified. The decision adopted by the regional or equivalent court based on the results of consideration of the complaint, the petition of the prosecutor is final.

     By the normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 17.08.2023 No. 25, the fourth part of Article 107 and Paragraph 3) of the second part of Article 484 of this code were recognized as consistent with the Constitution of the Republic of Kazakhstan.

     5.a judge of a regional or equivalent Court shall verify the legality and validity of the decision, sanction of the investigating judge no later than three days from the date of receipt of the complaint, petition of the prosecutor in court in compliance with the rules and deadlines provided for in parts two and three of this article.

     The decision of a judge of a regional or equivalent Court, issued based on the results of consideration of a complaint, a petition of a prosecutor, comes into legal force from the moment of its disclosure.

     6.Consideration shall be held in a closed court session, with the exception of issues specified in Paragraphs 1), 2) and 11) of part one of this article, subject to consideration in an open court session, if they were considered by the investigating judge in an open court session.

     The court session is attended by the prosecutor and the defense counsel of the suspect. The meeting may also be attended by the suspect, his legal representative, the victim, his legal representative, representative and other persons whose rights and interests are affected by the appealed decision.

     In the case provided for in paragraph 10) of the first part of this article, the list of persons participating in a closed court session is determined by the judge considering the complaint, petition.

     Consideration of issues provided for in part 1-1 of this article is carried out in accordance with article 234 of this code.

     7. the court, having heard the arguments of the parties, reviewed the submitted materials, shall consider the following documents::    

     1) leave the decision, sanction of the investigating judge unchanged;

     2) on changing the decision, sanction of the investigating judge;

     3) the investigating judge issues one of the reasoned decisions on the annulment of the decision, sanction and the issuance of a new decision.

     8.a copy of the court decision is sent to the pre-trial investigation body, as well as to the prosecutor, suspect, defense attorney and representative of the administration of the place of detention of the person and is subject to immediate execution.

     In cases stipulated by paragraph 10) and part 1-1 of the first part of this article, a court decision is submitted (sent) to the prosecutor.

     9.appeal of the decision on Extradition (Extradition) of a person accused or convicted of committing a crime in the territory of a foreign state and verification of its legality and validity by the court shall be carried out in accordance with the procedure provided for in Article 92 of this code.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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