Article 178. Recovery of procedural costs CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The issue of recovery of procedural costs is considered by the court when making a final decision on a criminal case. If the proceedings are completed at the pre-trial stage of the criminal process, the investigating judge considers the issue of collecting procedural costs on the recommendation of the prosecutor. The procedural costs may be imposed by the court on the suspect, the accused, the convicted person or are accepted at the expense of the state.

     2. The court has the right to recover the procedural costs from the convicted person, with the exception of the amounts paid to the interpreter. Procedural costs may also be imposed on a convicted person who has been released from punishment.

     3. The procedural costs associated with the participation of an interpreter in the case shall be borne by the State. If the translator performed his/her functions as part of an official assignment, his/her remuneration is reimbursed by the State of the organization in which the translator worked.

     4. The procedural costs associated with the participation in the case of a lawyer who provided legal assistance free of charge as a defender of the suspect, accused, defendant or representative of the victim (private prosecutor), in the cases provided for in part three of Article 67 and part two of Article 76 of this Code, shall be charged at the expense of budgetary funds.

     5. In case of acquittal of the defendant or termination of the case in accordance with paragraphs 1), 2) of the first part of Article 35 of this Code, the procedural costs shall be borne by the State. If the defendant is only partially acquitted, the court obliges him to pay the procedural costs associated with the charge for which he is found guilty.

     6. The procedural costs shall be borne by the State in the event of the insolvency of the person from whom they are to be recovered. The court has the right to release the convicted person in whole or in part from payment of procedural costs, if their payment may significantly affect the financial situation of persons who are dependent on the convicted person. When passing a guilty verdict in the order of writ proceedings, the court has the right to release the convicted person in whole or in part from payment of procedural costs, taking into account his property status.

     7. By finding several defendants guilty in the case, the court determines the amount of the procedural costs to be recovered from each of them. The court takes into account the nature of the guilt, the degree of responsibility for the criminal offense and the property status of the convicted person.

     8. In cases of criminal offenses of minors, the court may impose payment of procedural costs on the parents of the minor or on persons replacing them.

     9. When acquitting a defendant in a private prosecution case, the court has the right to recover the procedural costs in whole or in part from the person on whose complaint the proceedings were initiated. Upon termination of the case for reconciliation of the parties, the procedural costs are charged to the defendant.

     10. In the event of the death of a suspect or accused, their heirs are not liable for obligations related to procedural costs.

     11. The right to recover procedural costs is terminated by virtue of the statute of limitations upon the expiration of three years from the date of entry into force of the relevant court decision.

     12. In case of availability of data on procedural costs, with the exception of the case specified in part six of this article, the criminal prosecution body is obliged to take measures to ensure the recovery of procedural costs.

President    

Republic of Kazakhstan     

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