Article 17. Features of interrogation of the victim, witness by the investigating judge (storage of evidence) Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

   1. A prosecutor, investigator, head of the body of inquiry, a witness entitled to protection, a suspect, a lawyer participating in the case as a defense, as well as a lawyer representing the victim, if there is reason to believe that the victim, a person who is a witness, may not be able to receive a pre-trial investigation or later interrogation during a court session due to objective reasons (permanent residence outside the Republic of Kazakhstan, travel abroad, serious health condition, taking security measures, also, in order to prevent the subsequent interrogation of minor witnesses and victims in order to avoid traumatic effects on the psyche, the investigating judge has the right to file a petition for their interrogation.

     The person conducting the pre-trial investigation shall attach to the application the materials of the criminal case confirming the need to put the testimony of the victim, witness for storage.

     2.the investigating judge considers the petition within twenty-four hours from the date of its receipt and, based on its results, makes a reasoned decision on the satisfaction or refusal to satisfy the petition. In case of satisfaction of the petition, the investigating judge, at the first opportunity, appoints the time of interrogation, which is reported to the prosecutor, the witness entitled to protection, the suspect and the lawyer participating in the case as a defense, as well as the lawyer representing the victim. The decision of the investigating judge to dismiss the petition is appealed in accordance with the procedure provided for in Article 107 of this Code, and this decision is reviewed at the request of the prosecutor. The refusal of the investigating judge to satisfy the petition does not prevent the re-application of the persons specified in the first part of this article in the event of circumstances indicating the existence of grounds for sending a petition for the deposition of testimony in court. A petition for the custody of the testimony of minors is subject to mandatory satisfaction.

     3.the interrogation of the victim and witness by the investigating judge is carried out with the participation of the prosecutor, the witness entitled to protection, the suspect (if any), the lawyer participating as a defense, the lawyer representing the victim, and, if necessary, other participants in the process. They are not called for interrogation if the participation of a witness or suspect entitled to protection in the interrogation poses a threat to the safety of the victim or witness. Ensuring the appearance of persons to participate in the court session when depositing evidence is entrusted to the persons who have submitted a statement to the investigating judge. If the call for interrogation of a witness entitled to protection threatens the disclosure of information about the secret investigative activities carried out in a criminal case, he is not called for interrogation. The defense of a witness or suspect entitled to protection may, in order to convene a person, apply to the investigating judge for assistance in ensuring that the person comes for questioning.

     The conduct of an interrogation in connection with the absenteeism of a prosecutor, a defense lawyer, a suspect representing the victim for good reasons may be postponed if the circumstances listed in the first paragraph of the first part of this article do not prevent this.

     By the normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 22.05.2023 No. 15, the third part of Article 217 of this code was recognized as consistent with the Constitution of the Republic of Kazakhstan.

     4.the interrogation and maintenance of the interrogation protocol by the investigating judge is carried out in compliance with the rules of articles 347, 369, 370, 371 of this code.

     5.the minutes of the court session in which the testimony of the interrogated person, deposited by the investigating judge, is recorded, shall be signed by the judge and the secretary of the court session. Participants in the process who were present at the time of depositing evidence for storage have the right to receive a copy of the minutes of the court session and make their comments within five days after its signing. The investigating judge considers the comments to the protocol on the day of their receipt and makes a decision on their acceptance or rejection. Then the minutes of the court session, if comments are made to the minutes, these comments and the judge's decision on their consideration are sent to the person conducting the pre-trial investigation for attachment to the materials of the criminal case."what?"

     5.the minutes of the court session in which the testimony of the interrogated person, deposited by the investigating judge, is recorded, shall be signed by the judge and the secretary of the court session. Participants in the process who were present at the time of depositing evidence for storage have the right to receive a copy of the minutes of the court session and make their comments within five days after its signing. The investigating judge considers the comments to the protocol on the day of their receipt and makes a decision on their acceptance or rejection. Then the minutes of the court session, if comments are made to the minutes, these comments and the judge's decision on their consideration are sent to the person conducting the pre-trial investigation for attachment to the materials of the criminal case.

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

President    

Republic of Kazakhstan     

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