Article 112. Inadmissible factual data as evidence of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 112. Inadmissible factual data as evidence of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

1. factual data, if they are obtained in violation of the requirements of this code, may or may not contribute to the reliability of factual data obtained during a pre-trial investigation or trial of a case by depriving the participants of the process of rights guaranteed by law or oppressing their rights, or by violating other rules of the criminal process, including:

1) with the use of torture, violence, intimidation, deception, as well as other illegal actions and ill-treatment;

2) the use of a person participating in a criminal process of his / her fallacy caused by a lack of explanation, completeness or misinterpretation of his / her rights and obligations;

3) in connection with the conduct of a procedural action by a person who does not have the right to carry out proceedings in this criminal case;

4) in connection with the participation of the person subject to objection in the procedural action;

5) significant violation of the procedure for conducting a procedural action;

6) from an unknown source or from a source that cannot be identified at a court hearing;

7) use as evidence if it is obtained in the course of proof using methods that contradict modern scientific knowledge.

2.the inadmissibility of the use of factual data as evidence in criminal proceedings, as well as the possibility of their limited use, is established by the body of inquiry, inquiry officer, investigator, prosecutor or court on its own initiative or at the request of the party. The body of inquiry, Inquirer, investigator, prosecutor or judge, resolving the issue of inadmissibility of evidence, is obliged in each case to establish exactly how the committed violation was reflected and make a motivated decision.

3. The testimony of the suspect, witness, victim and witness entitled to protection, the expert's opinion, expert's opinion, material evidence, protocols of investigative and judicial actions and other documents cannot be attributed to the grounds of accusation if they are not included in the inventory of materials of the criminal case. The testimony of the suspect in the course of preliminary interrogation of him as a witness cannot be recognized as evidence and cannot be used against his spouse (s) and close relatives, as well as be attributed to the basis of his accusation.

4.factual data obtained in violation of the Criminal Procedure Law shall be recognized as inadmissible data as evidence and shall not be subject to prosecution, nor shall it be used in proving any circumstances specified in Article 113 of this code.

5.factual data obtained by violations specified in the first part of this article may be used as evidence of the fact of relevant violations and the guilt of persons who committed them during the investigation of a criminal case.

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

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Republic of Kazakhstan

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