Article 123. Securing evidence of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Factual data can be used as evidence only after they are recorded in the protocols of procedural actions.

     2. The responsibility for maintaining protocols during the pre–trial investigation lies with the inquirer, investigator and prosecutor, and in court with the presiding judge and the secretary of the court session.

     3. Participants in investigative and judicial actions, as well as parties to court proceedings, should be provided with the right to get acquainted with the protocols in which the course and results of these actions are recorded, to make additions and corrections to the protocols, to express comments and objections about the procedure and conditions of this action, to propose their own version of the record in the protocol, to pay attention an inquirer, investigator, prosecutor, or court on the circumstances that may be relevant to the case. A note is made in the protocol explaining their rights to participants in investigative and judicial actions.

     4. Additions, corrections, comments, objections, petitions and complaints expressed orally shall be entered into the protocol, and those stated in writing shall be attached to the protocol. A reservation is made before the signatures at the end of the protocol about crossed-out or written words or other corrections.

     5. Persons familiar with the protocol of the investigative action shall put their signatures under the last line of the text on each page and at the end of the protocol. When reviewing a part of the minutes of the court session, signatures may be placed at the end of each page or at the end of this part.

     6. In case of disagreement with the comments or objections, the inquirer, investigator, prosecutor or court shall make a decision on this.

     7. If any of the participants in the process or other persons refuse to sign the protocol of the investigative action in cases stipulated by law, the inquirer, investigator or prosecutor shall make a note about this in the protocol, which they certify with their signature.

     8. If, in cases provided for by law, they refuse to sign the records of the judicial action made in the minutes of the court session, a note is made in this protocol, which is certified by the chairman and the secretary of the court session.

     9. The person who refuses to sign the protocol has the right to explain the reason for the refusal and this explanation must be included in the protocol.

     10. If the participant in the procedural action is unable to read or sign the protocol himself due to his physical disabilities, then with his consent the protocol is read aloud and signed by his lawyer, representative or other natural person whom he trusts, which is noted in the protocol.

     11. To consolidate evidence, along with the preparation of protocols, sound, video, film, photography, making of casts, prints, plans, diagrams and other methods of capturing information can be used. A note shall be made in the protocol of the investigative action or in the protocol of the court session, indicating the technical characteristics of the scientific and technical means used, on the use by the participant of the investigative action or judicial proceedings of the indicated methods of securing evidence.

     12. Phonograms, video recordings, films, photographs, casts, impressions, plans, diagrams, and other representations of the progress and results of an investigative or judicial action are attached to the protocol. Each application must have an explanatory inscription indicating the name, place, date of the investigative or judicial action to which the application relates. This inscription is certified with their signatures during the pre–trial investigation of the case by the prosecutor, the inquirer or investigator and, if necessary, the witnesses, and in court - the chairman and the secretary of the court session.

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  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases