Article 190. Accelerated pre-trial investigation of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.pre-trial investigation may be completed in an accelerated manner.
2. For crimes of small and medium gravity, as well as serious crimes, if the evidence gathered establishes that the fact of the crime and the person who committed it fully admitted his guilt, agreed with the amount (amount) of the damage (harm) caused, notifying the suspect and explaining to him the legal consequences of this decision, an investigation may be conducted. accelerated pre-trial investigation.
3.an accelerated pre-trial investigation must be completed within fifteen days.
In case of authorization of secret investigative actions within three days from the beginning of the pre-trial investigation, the criminal case may be completed in an accelerated manner within fifteen days after their completion, but not later than two months from the moment of registration of the application, message in the Unified Register of pre-trial investigations.
4.during the accelerated pre-trial investigation, the person conducting the pre-trial investigation establishes the circumstances of the committed criminal offense and collects evidence confirming the participation of the suspect in its commission.
4-1.at the end of the accelerated pre-trial investigation, the person carrying out the pre-trial investigation shall notify the suspect, his lawyer, if he participates in the case, as well as the victim, his representative, civil plaintiff, civil defendant, their representatives of the completion of the investigative actions in the case.
The notification includes a notification about the place of acquaintance and the period during which they can familiarize themselves with the materials of the criminal case.
4-2.after the fulfillment of the requirements provided for in part 4-1 of this article, the person carrying out the pre-trial investigation draws up a protocol of an accelerated pre-trial investigation in accordance with the procedure provided for in parts one, 1-1 and 1-2 of Article 527 of this code.
In case of receiving an oral or written petition from the suspect, as well as from the victim, his representative, civil plaintiff, civil defendant or their representatives, the person carrying out the pre-trial investigation submits to them the protocol of the accelerated pre-trial investigation and the materials of the criminal case for familiarization, about which a corresponding mark is made in the protocol of the accelerated pre-trial investigation, certified by their signatures and the signature of the defender (when he is present).
The civil plaintiff, civil defendant or their representatives familiarize themselves with the materials of the case in the part that relates to the civil claim.
After familiarization with the protocol of the accelerated pre-trial investigation and the materials of the case, the criminal case is referred to the head of the body of inquiry in the case of inquiry, the head of the investigation department in the case of preliminary investigation.
4-3. the head of the body of inquiry, having studied the protocol of the accelerated pre-trial investigation and the materials attached to it, shall perform one of the following actions:
1) approves the protocol of the accelerated pre-trial investigation and directs the criminal case to the prosecutor;
2) refuses to approve the protocol of the pre-trial accelerated investigation and returns the criminal case for investigation.
The head of the investigative department, having studied the protocol of the pre-trial accelerated investigation and the materials attached to it, performs one of the following actions::
1) send to the prosecutor the protocol of the accelerated pre-trial investigation and the criminal case;
2) returns the criminal case for a preliminary investigation.
5.a person carrying out a pre-trial investigation has the right to carry out only investigative actions and other procedural actions, the results of which formalize traces of a criminal offense and other evidence of guilt of the suspect, accused.
6. accelerated pre-trial investigation:
1) a set of criminal offenses, even if one of them is particularly serious;
2) persons who do not know the language in which the lawsuit is being filed;
3) persons with privileges and immunity from criminal prosecution;
4) in case of non-admission of guilt, even if one of the accomplices of the criminal offense;
5) criminal offenses committed by minors or persons who cannot exercise their right to protection due to physical or mental disabilities.
7. The Prosecutor, together with the protocol of an accelerated pre-trial investigation, takes the criminal case and performs one of the following actions on it no later than three days:
1) approves the protocol of an accelerated pre-trial investigation, submits the accused to the court with his decision and submits the criminal case to the court;
2) sends the case for investigation or preliminary investigation;
3) issues a decision on termination of a criminal case in full or in part;
4) draws up a new protocol of accelerated pre-trial investigation;
5) decides on the conclusion of a procedural agreement at its discretion or at the request of the Defense party.
8.the prosecutor ensures that the protocol of an accelerated pre-trial investigation is submitted to the accused. A receipt for receipt by the accused of an accelerated pre-trial investigation protocol containing an explanation of the rights of the accused is attached to the case.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
