Article 189. Forms of pre-trial investigation CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. A pre-trial investigation is conducted in the form of an inquiry, a preliminary investigation and a protocol form.
2. A pre–trial investigation in the form of an inquiry is carried out by the criminal prosecution body for crimes specified in parts two to twelve, twenty-fifth and twenty-sixth of Article 191 of this Code.
3. Pre-trial investigation in the form of a preliminary investigation is carried out for the crimes specified in Article 187 of this Code, for all criminal offenses committed by minors or persons who, due to their physical or mental disabilities, cannot exercise their right to defense themselves, as well as in cases of inquiry in which the person suspected of the commission of a crime, with the exception of cases of criminal offenses specified in the second part of Article 32 of this Code.
4. If it is impossible, within the time limits established by Article 526 of this Code, to ensure the completeness and comprehensiveness of the establishment of the circumstances to be proved in the case, the head of the body of inquiry in cases of criminal offenses is obliged to appoint an inquiry or preliminary investigation in accordance with the procedure provided for in parts three and five of this Article, with notification to the prosecutor within 24 hours.
5. The head of the body of inquiry has the right to appoint a preliminary investigation also in cases where it is impossible to ensure the sufficiency and completeness of the investigation of the circumstances of the case within the time period established by the second part of Article 192 of this Code.
6. A pre–trial investigation in a protocol form shall be conducted by the criminal prosecution body for criminal offenses provided for in parts sixteen to twenty-four of Article 191 of this Code, as well as in cases of accelerated pre-trial investigation and inquiry.
President
Republic of Kazakhstan
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