Article 109. The right to demand recognition as a participant in the process of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Persons who are not participants in criminal proceedings, if there are grounds provided for in this Code, have the right to demand recognition as suspects, victims, private prosecutors, civil plaintiffs, civil defendants, their legal representatives and representatives. The applications (petitions) of these persons must be considered by the body conducting the criminal proceedings no later than three days after their receipt. The applicant is immediately notified of the decision, to whom a copy of the relevant resolution is sent.

     2. The applicant has the right to appeal to the prosecutor or to the court against the refusal to satisfy his petition or the postponement of its resolution within five days upon receipt of a copy of the relevant resolution. If a copy of the decision is not received within ten days from the date of filing the complaint, the applicant has the right to appeal the omission to the court or to apply to the prosecutor for recognition as a participant in the process.

     A close relative, spouse of a deceased person or a person who has lost the ability to consciously express his will as a result of a criminal offense may demand recognition of himself as a victim if he wishes to become his legal successor. The said petition is considered by the body conducting the criminal proceedings in accordance with the procedure provided for in the first part of this article.

President    

Republic of Kazakhstan     

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