Article 185. The obligation to accept a statement, message or report on a criminal offense CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     The footnote. Title of Article 185 as amended by the Law of the Republic of Kazakhstan dated July 26, 2016 No. 12-VI (effective ten calendar days after the date of its first official publication).

     1. The criminal prosecution body is obliged to accept and register an application, a report on any impending, committed or ongoing criminal offense. The applicant is given a document on registration of the accepted application or notification of a criminal offense.

     If there are reasons to conduct a pre-trial investigation in cases of extremist and terrorist crimes, the criminal prosecution authorities may, with the consent of the prosecutor, postpone the deadline for registration of the application, message or report for a period determined by the prosecutor.

     In order to protect the national interests of the Republic of Kazakhstan from intelligence and subversive activities, the body engaged in counterintelligence activities, if there are reasons to conduct a pre-trial investigation based on materials obtained during counterintelligence activities, decides to register an application, message or report in accordance with the procedure determined by a joint regulatory legal act of the bodies engaged in counterintelligence activities and the Director General. The Prosecutor of the Republic of Kazakhstan.

     2. Refusal to accept and register an application for a criminal offense and other grounds for initiating a pre-trial investigation provided for in the first part of Article 180 of this Code is not permitted and entails liability established by law, and may also be appealed to the prosecutor or to the court in accordance with the procedure provided for by this Code.

     3. The court, having discovered signs of a criminal offense during the proceedings of a criminal case, is obliged by a private decision to bring this to the attention of the prosecutor, or having discovered the facts of refusal to accept, register an application, a report on a criminal offense, or other violations of their reception and registration, is obliged by a private decision to bring this to the attention of the prosecutor.

President    

Republic of Kazakhstan     

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