Article 191. Pre-trial investigation conducted in the form of an inquiry and a protocol form of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 191. Pre-trial investigation conducted in the form of an inquiry and a protocol form of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. In cases of criminal offenses specified in parts two to twelve, twenty–five and twenty-six of this article, the conduct of a preliminary investigation is not necessary and the materials of the inquiry are the basis for consideration of the case in court.

2. Internal affairs bodies shall conduct inquiries in cases of criminal offenses provided for in articles 107 (part one), 108-1 (part two), 110 (part one), 112, 113, 114 (parts three and four), 117 (part two), 118 (part two), 119 (parts two, third and fourth), 125-1 (part one), 126 (part one), 136, 137 (part two), 139, 140 (part three), 142, 143 (part one), 146 (part one), 147 (part four), 153, 158 (part two), 188 (part one), 191 (part one), 194 (part one), 200 (part one), 201 (part one), 202 (Part one), 207 (Part one), 209 (Part one), 210 (part one), 212 (part one), 252 (part one), 274 (part one), 287 (parts two and three), 288 (part one), 290 (part one), 293 (part one), 295 (parts one and two), 299 (part one), 299-1, 300 (part one), 308 (part one), 309 (part one), 310 (part one), 311, 313, 313-1 (parts two and three), 314 (part one), 315 (part one), 316 (part three), 319 (parts one, two, three and four), 321 (part two), 322 (parts five), 334 (parts one and two), 340 (parts two and three), 341 (parts one), 342 (parts two and three), 345 (parts two, three and four), 345-1, 346 (parts one, two, three and four), 347, 348 (part two), 349 (Part two), 350 (Part one), 352-1 (Part two), 357 (part one), 358 (part two), 359 (Part Two), 372, 379, 380-3 (parts one, two and three), 386 (part one), 387, 390 (parts two and three), 398 (part three), 399 (parts one and two), 407 (part one), 426 (part one), 427, 428 (part one), 428-1 (parts one and two), 430, 431, 464 (part one) of the Criminal Code of the Republic of Kazakhstan. In cases of criminal offenses provided for in articles 188 (part one), 252 (part one), 290 (part one), 345 (parts two, three and four), 348 (part two), 350 (part one), 398 (part three) According to the Criminal Code of the Republic of Kazakhstan, the State Security Service of the Republic of Kazakhstan may conduct an inquiry if they are committed in the area of security measures and are directly directed against protected persons, the list of which is established by law.

3. The Economic Investigation Service conducts inquiries in cases of criminal offenses provided for in Articles 214 (part one), 214-1 (part one), 214-2 (Part one), 233, 234 (part one), 245 (part one), 248 (part one), 301-1 (part two) of the Criminal Code. Of the Republic of Kazakhstan.

4. Military police bodies conduct inquiries in cases of criminal offenses provided for in articles 437 (part two), 439 (part one), 440 (parts 2-1 and three), 441 (parts one and two), 442 (part one), 446 (part one), 447 (part two), 448 (part two), 449 (part two), 453 (part one), 459 (parts one and two), 461, 462 (part one), 463 (part two), 466 (parts two and three) The Criminal Code of the Republic of Kazakhstan, as well as in cases specified in parts two, three, seven, nine, and eleven, the twelfth part of this article is criminal offenses committed by military personnel; persons of civilian personnel of military units, formations, institutions in connection with the performance of their official duties or in the location of these units, formations and institutions.

5. The military police bodies of the National Security Committee shall conduct an inquiry in cases of criminal offenses provided for in Article 445 (part one) of the Criminal Code of the Republic of Kazakhstan, on criminal offenses specified in part four of this Article, as well as on all other criminal offenses specified in parts two, three, seven –ninth, eleventh, twelfth of this Article. articles committed by military personnel and employees of special government agencies.

6. The bodies of the border guard service shall conduct an inquiry in cases of criminal offenses provided for in Article 396 (part one) of the Criminal Code of the Republic of Kazakhstan.

7. Excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (effective from 01.01.2015).

8. An inquiry in cases of criminal offenses provided for in Articles 189 (part one), 190 (part one), 217 (part one), 217-1 (part one), 286 (part one) of the Criminal Code of the Republic of Kazakhstan is conducted by the internal affairs bodies or the economic investigation service, which initiated a pre-trial investigation.

The inquiry in cases of criminal offenses provided for in articles 217 (part one), 217-1 (part one) of the Criminal Code of the Republic of Kazakhstan in respect of business entities is conducted by the Economic Investigation Service.

9. Excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (effective from 01.01.2015).

10. An inquiry in cases of criminal offenses provided for in Article 392 (parts one and 1-1) of the Criminal Code of the Republic of Kazakhstan is conducted by the internal affairs bodies or the border guard service that have initiated a pre-trial investigation.

11. An inquiry in cases of criminal offenses provided for in Article 385 (parts one and two) of the Criminal Code of the Republic of Kazakhstan is conducted by the internal affairs bodies, the national security service, the Economic Investigation Service or the State Security Service of the Republic of Kazakhstan that have initiated a pre-trial investigation if they are committed in the area of security measures and are directly directed against protected persons, the list of which is established by law.

11-1. An inquiry in cases of criminal offenses provided for in Article 394 (part one) of the Criminal Code of the Republic of Kazakhstan is conducted by the internal affairs or national security authorities of the Republic of Kazakhstan that have initiated a pre-trial investigation.

12. Excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (effective from 01.01.2015).

13. An inquiry in cases of criminal offenses specified in this article is conducted when the person suspected of committing a criminal offense is known.

14. The inquiry shall be conducted in accordance with the rules established by this Code for the preliminary investigation, with exceptions provided for in articles of this chapter.

15. In cases of criminal offenses specified in paragraphs sixteen to twenty–four of this article, the conduct of an inquiry is not necessary and the collected materials are the basis for consideration of the case in court.

16. The internal affairs bodies conduct a pre-trial investigation in a protocol form for criminal offenses provided for in articles 108-1 (Part one), 109-1, 111, 115, 115-1, 117 ( part one), 118 (part one), 119 (part one), 121-1, 137 (part one), 138, 140, 145, 150 (part 1-1), 152 (part one, if it is related to the failure to comply with a court decision on reinstatement, part three), 154, 155 (part one), 156 (parts one and two), 158 (part one), 159, 183, 187, 204 ( Part one), 205 (parts one and two), 206 (part one), 208 (part one), 211 (part one), 213 (part one), 247 (parts one and two), 247-1 (parts one and two), 276 (part one), 288 (part four), 289, 294 (part one), 295-1 (part one), 296 (parts one, two 301-1 (part one), 303 (part one), 306 (part one), 313-1 (part one), 316 (parts one and two), 317 (part one), 320 (part one), 322 (part one), 325 (part one), 326 (part one), 328 (Part one), 331 (Part two), 336, 340 (Part one), 342 (part one), 345 (part one), 349 (part one), 351 (part one), 352-1 (Part one), 354 (Part one), 356 (Part one), 357 (Part two), 358 (Part one), 359 (Part one), 376 (Part one), 381, 383, 384, 389 ( parts one and two), 391, 395, 397, 398 ( parts one and two), 400, 402 (part one), 403, 406, 407 (part two), 410, 436 of the Criminal Code of the Republic of Kazakhstan.

17. The Economic Investigation Service conducts a pre-trial investigation in a protocol form for criminal offenses provided for in articles 222, 225, 226 (part one), 227, 228 (part one), 229 (part one), 230 (part one), 236 (part one), 239 (part one), 242, 243 (Part two), 246 of the Criminal Code of the Republic of Kazakhstan.

18. The bodies of the National Security Committee conduct a pre-trial investigation in a protocol form for criminal offenses provided for in articles 186 (part one), 458 (part one) of the Criminal Code of the Republic of Kazakhstan.

19. Pre-trial investigation in protocol form on criminal offenses provided for in Articles 195 (parts one and two), 196 (parts one and two), 198 (part two), 199 (part two), 232-1 (part one), 233-1 (parts one and two) of the Criminal Code of the Republic of Kazakhstan is carried out by internal affairs bodies. cases or the Economic Investigation Service.

19-1. Pre-trial investigation in a protocol form on criminal offenses provided for in articles 363, 370-2 (part one), 414 (part four) of the Criminal Code of the Republic of Kazakhstan is carried out by internal affairs bodies or national security bodies.

19-2. Pre-trial investigation in a protocol form on criminal offenses provided for in Article 419 (part one) of the Criminal Code of the Republic of Kazakhstan is carried out by internal affairs bodies, national security bodies or the economic investigation service.

20. Pre-trial investigation in a protocol form is carried out by military police bodies for criminal offenses provided for in articles 437 (parts one and five), 438 (part one), 440 (parts one and two), 443 (part one), 447 (part one), 448 (part one), 449 (part one), 460, 463 (part one), 466 (part one) of the Criminal Code of the Republic of Kazakhstan, as well as in cases specified in parts sixteen, seventeen, nineteen, twenty-two – of the twenty-fourth part of this article, criminal offenses committed by military personnel, civilian personnel of military units, formations, institutions in connection with the performance of their official duties or in the location of these units, formations and institutions.

21. The military police bodies of the National Security Committee shall conduct a pre-trial investigation in a protocol form for criminal offenses provided for in part twenty of this article, as well as for all other criminal offenses committed by military personnel and employees of special state bodies for which an inquiry is not necessary and the collected materials are the basis for consideration of the case in court.

22. Excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (effective from 01.01.2015).

23. In cases of criminal offenses provided for in articles 269-1 (part one), 287 (part one), 345 (part one), 348 (part one), 352-1 (part one), 353 (part one), 378, 382 (part one), 390 (Part one) of the Criminal Code of the Republic Kazakhstan, a pre-trial investigation in a protocol form is carried out by the internal affairs body or the State Security Service of the Republic of Kazakhstan if they are committed in the area of security measures and are directly directed against protected persons, the list of which is established by law.

24. In the case of a criminal offense provided for in article 385 (part three) According to the Criminal Code of the Republic of Kazakhstan, a pre-trial investigation is carried out by the internal affairs bodies, the national security Service, the Economic Investigation Service or the State Security Service of the Republic of Kazakhstan if it is committed in the area of security measures and is directly directed against protected persons, the list of which is established by law.

25. The bodies of the State fire service conduct inquiries in cases of criminal offenses provided for in Article 292 of the Criminal Code of the Republic of Kazakhstan.

26. The inquiry in cases of criminal offenses provided for in Article 204 (part two) of the Criminal Code of the Republic of Kazakhstan is conducted by the internal affairs bodies or the state fire service bodies that have initiated a pre-trial investigation.

Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V kr.

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