Article 115. Testimony of the suspect, victim, witness CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The testimony of a suspect, victim, or witness is information provided by them in writing or orally during an interrogation conducted during a pre–trial investigation in accordance with the procedure established by Chapter 26 of this Code.

     2. The suspect has the right to testify about the suspicion against him, as well as about other circumstances known to him that are relevant to the case, and evidence.

     3. A suspect's admission of guilt in the commission of a criminal offense may be used as the basis for an accusation only if his guilt is confirmed by the totality of the evidence available in the case.

     4. The victim may be questioned about any circumstances to be proved in the case, as well as his relationship with the suspect, other victims, and witnesses. Information provided to the victim cannot serve as evidence if he cannot indicate the source of his awareness.

     5. A witness may be questioned about any relevant circumstances, including the identity of the suspect, the victim, and his relationship with them and other witnesses. Information provided by a witness cannot serve as evidence if he cannot indicate the source of his knowledge. The reports of persons who are not subject to interrogation as witnesses are not considered evidence.

     6. Testimony about the data characterizing the suspect's personality cannot be used as the basis for charges and is used as evidence only to resolve issues related to sentencing or release from punishment.

     7. The testimony of a person who, in accordance with the procedure established by this Code, was found unable at the time of interrogation to correctly perceive or reproduce the circumstances relevant to the criminal case is not considered evidence.

     8. Factual data directly perceived by a person providing confidential assistance to law enforcement or special government agencies may be used as evidence after the interrogation of the said person with his consent as a witness, victim, suspect, accused.

     Factual data directly perceived by persons embedded in a criminal group, in order to ensure the safety of these persons, can be used as evidence after questioning an official of an agency engaged in operational search, counterintelligence activities, or covert investigative actions, as a witness.

     The footnote. Article 115 as amended by the Law of the Republic of Kazakhstan dated December 28, 2016 No. 36-VI (effective two months after the date of its first official publication).

President    

Republic of Kazakhstan     

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