Article 179. The beginning of the pre-trial investigation of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 179. The beginning of the pre-trial investigation of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. The beginning of a pre-trial investigation is the registration of an application or a report of a criminal offense in the Unified Register of Pre-Trial Investigations or the first urgent investigative action.

The following:

1) on violations of the current legislation, on damage confirmed by acts of inspections, audits, audits and others, the presence of which is a mandatory sign of a criminal offense, on serious damage or illegal income, non-performance, improper performance of professional duties of a medical or pharmaceutical worker, failure of a person obliged to provide medical care to the patient, on violation of the procedure for conducting clinical studies and applying new methods and means of prevention, diagnosis, treatment and medical rehabilitation;

2) violations based on non-performance or improper performance of Civil Law transactions concluded in writing and not recognized by the court as invalid, false or false;

3) the following:

act of tax audit, conclusion (certificate) of a specialist of state revenue bodies, the conclusions of which contain sufficient data indicating the presence of signs of a criminal offense, without attachment;

in the case of a pre-trial appeal against the results of a tax audit by state revenue bodies before the decision of the authorized body is made, and in cases of appeal to the court before the entry into force of a judicial act;

on income and (or) expenses for the declaration by concealing other taxable items and (or) other mandatory payments, in respect of which there are signs of an act committed as part of a criminal group, as well as on transactions for which work has not actually been performed, services have not been provided, goods have not been shipped, or the presentation of which is mandatory for with the exception of cases when deliberately distorted data is introduced, on the facts of evasion from paying taxes and (or) other mandatory payments to the budget and other mandatory payments to the budget with full repayment of the recorded amounts of taxes and (or) other mandatory payments to the budget;

4) if the presence of damage, significant damage or illegal income received by a business entity is a mandatory sign of a criminal offense, based on the conclusion of a specialist of a law enforcement agency or an authorized subdivision of a special state body with unconfirmed signs of their presence;

5) an application, message or report on a criminal offense with a civil law dispute considered in accordance with the legislation of the Republic of Kazakhstan.

The requirements specified in Paragraphs 1) and 2) of the second paragraph of this part do not apply to cases of filing collective, numerous applications for unfair performance of contractual obligations.

2.in the cases provided for in the first part of Article 184 of this code, the prosecutor, investigator, Inquirer, body of inquiry shall carry out urgent investigative actions to identify and fix traces of a criminal offense before the application and notification of a criminal offense is registered. At the same time, they are obliged to take measures to register an application and a report on a criminal offense in the Unified Register of pre-trial investigation, including with the use of communication tools.

3.all applications and reports of criminal offenses, with the exception of cases of private prosecution, are subject to pre-trial investigation.

4.if the received application, message contains information about signs of an administrative offense or disciplinary offense, the referral is sent by a cover letter to the relevant authorized state body or official within three days.

5. If there is information in the received application or message on which criminal prosecution is carried out in private, the materials are sent under the jurisdiction of the relevant court, and the applicant is notified.

6. The conduct of urgent investigative actions does not prevent the consideration of an application or message in accordance with the procedure provided for in parts four and five of this article.

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

President

Republic of Kazakhstan

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