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Home / Constitutional law / Article 11. Inviolability of judges of the Constitutional Court of the Constitutional Law On The Constitutional Court of The Republic of Kazakhstan

Article 11. Inviolability of judges of the Constitutional Court of the Constitutional Law On The Constitutional Court of The Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 11. Inviolability of judges of the Constitutional Court of the Constitutional Law On The Constitutional Court of The Republic of Kazakhstan

     1. During their term of office, judges of the Constitutional Court may not be detained, detained, house arrested, brought to court, or subjected to administrative penalties, or brought to criminal responsibility without the consent of the Parliament of the Republic of Kazakhstan, except in cases of arrest at the scene of a crime or the commission of grave or especially grave crimes.

     2. After registration of the reason for the start of a pre-trial investigation in the unified register of pre-trial investigations, a pre-trial investigation against a judge of the Constitutional Court may be continued only with the consent of the Prosecutor General of the Republic of Kazakhstan, who submits to the Parliament of the Republic of Kazakhstan a proposal to consent to the criminal prosecution of a judge of the Constitutional Court. In cases where a judge of the Constitutional Court is detained at the scene of a crime or the fact of preparation or attempted commission of a grave or especially grave crime has been established, or he has committed a grave or especially grave crime, the pre-trial investigation against him may be continued until the consent of the Prosecutor General of the Republic of Kazakhstan is obtained, but with mandatory notification within 24 hours. Supervision over the observance of legality during the investigation of the case is carried out by the Prosecutor General of the Republic of Kazakhstan.

     3. Judges of the Constitutional Court are not subject to disciplinary liability.

     4. No one has the right to dismiss a judge of the Constitutional Court from participating in a session of the Constitutional Court, unless his powers are suspended in accordance with this Constitutional Law.

     5. A judge of the Constitutional Court may not be held accountable, including after the termination of his powers, for the position expressed by him during the consideration of the case in the Constitutional Court.

 

Constitutional Law of the Republic of Kazakhstan dated November 5, 2022 No. 153-VII SAM.

President    

Republic of Kazakhstan     

 

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