Article 122. Collection of evidence Criminal Procedure Code of the Republic of Kazakhstan

   1.collection of evidence shall be carried out in the process of pre-trial investigation and trial by conducting procedural actions provided for by this code. The collection of evidence includes their discovery, fixation and seizure.

     2. the body conducting the criminal process, on the petitions of the participants in the process or on its own initiative, to convene any person in accordance with the procedure established by this code for interrogation or giving an opinion as an expert or specialist on a criminal case in its proceedings; to carry out procedural actions provided for by this code; in compliance with the procedure established by legislative acts of the Republic of Kazakhstan for the transfer and disclosure of information constituting a commercial or other legally protected secret, individuals, legal entities and officials, as well as bodies engaged in operational search or counterintelligence activities, have the right to demand the transfer of documents and things relevant to the case; require authorized bodies and officials to conduct audits and inspections. The requirements of the pre-trial investigation body on conducting audits and inspections of the activities of business entities must be agreed with the prosecutor. The court does not have the right to collect evidence on its own initiative.

     The body of pre-trial investigation, with the sanction of the prosecutor, in its proceedings in the criminal case from legal entities, officials, heads of enterprises, institutions, organizations:

     1) information constituting a bank secret in accordance with Article 50 of the law of the Republic of Kazakhstan "on banks and banking activities in the Republic of Kazakhstan" ;

     2) information on borrowers, on the size of microloans, on other terms of the agreement on the provision of microloans in relation to the borrower, on operations carried out by the microfinance organization;

     3) information on the debtor, creditor, arrears, third parties related to obligations with the creditor within the framework of a bank loan agreement or microcredit agreement, on the terms of agreements concluded on debt collection and other information received and (or) drawn up by the collection agency when carrying out collection activities;

     4) request information constituting a trade secret on the Commodity Exchange.

     3. a defender, a representative of the victim, sent to participate in a pre-trial investigation or judicial proceedings in accordance with the procedure established by the legislative acts of the Republic of Kazakhstan, shall provide information necessary to protect the victim, represent his interests, in compliance with the procedure for non-disclosure of information constituting commercial and other legally protected secrets established by legislative acts of the Republic of Kazakhstan:

     1) request certificates, characteristics, and other documents from legal entities, including state bodies and public associations. These persons are obliged to provide the defense attorney, the representative of the victim with the documents requested by them or their certified copies within ten days.

     When considering the issue of sanctioning a preventive measure in the form of detention, certificates, characteristics and other documents requested are submitted to the defense attorney within twenty-four hours;

     2) initiation of a judicial examination on a contractual basis in accordance with parts five, nine and ten of Article 272 of this Code;

     3) sending to the judicial examination body or to a person located between those listed in paragraphs 2) and 3) of the first part of Article 273 of this Code a request for conducting a judicial examination on a contractual basis;

     4) on a contractual basis with the involvement of a specialist, including using scientific and technical means.

     When involving a specialist on a contractual basis, the defender, the representative of the victim, explains his rights and obligations provided for in Article 80 of this code and criminal liability under Articles 420 and 423 of the Criminal Code of the Republic of Kazakhstan with the execution of a receipt.

     The specified receipt is sent within one day to the person conducting the pre-trial investigation for attachment to the case materials;

     5) obtain information related to a criminal case with the consent of persons with potential knowledge, by requesting them, including using scientific and technical means.

     4.information, as well as things and documents in the form of an oral or written or electronic document, as well as things and documents, both orally and in a criminal case, as evidence, are entitled to be provided by the suspect, the accused, the defense attorney, the private prosecutor, the victim, the civil plaintiff, the civil defendant and their representatives, as well as any citizens and organizations.

     5.failure to comply with the requirements of Paragraph 1) of part three of this article entails liability established by law.

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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