Article 191. The Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Criminal Procedure Code of the Republic of Kazakhstan

     1.conducting a preliminary investigation in cases of offenses specified in parts two – twelfth, twenty-fifth and twenty-sixth of this article is not mandatory and the basis for considering the case in court is the materials of inquiry.

     2. 107 (first part), 108-1 (second part), 110 (first part), 112, 113, 114 (third and fourth parts), 117 (second part), 118 (second part), 119 (second, third and fourth parts), 125-1 (first part), 126 (first part), 136, 137 (Second Part), 139, 140 (third part), 142, 143 (in the first part), 146 (in the first part), 147 (in the fourth part), 153, 158 (in the second part), 188 (in the first part), 191 (in the first part), 194 (in the first part), 200 (in the first part), 201 (in the first part), 202 (in the first part), 207 (in the first part), 209 (in the first part), 210 (in the first part), 212 (in the first part), 247 (in the third part), 252 (in the first part), 274 (in the first part), 287 (in the second and third parts), 288 (in the first part), 290 (in the first part), 293 (in the first part), 295 (in the first and second parts), 299 (in the first part), 299-1, 300 (in the first part), 308 (in the first part), 309 (in the first part), 310 (in the first part), 311, 313, 313-1 (in the second and third parts), 314 (in the first part), 315 (in the first part), 316 (in the third part), 319 (in the first, second, third and fourth parts), 321 (in the second part), 322 (in the fifth part), 334 (in the first and second parts), 340 (in the second and third parts), 341 (in the first part), 342 (in the second and third parts), 345 (in the second, third and fourth parts), 345-1, 346 (in the first, second, third and fourth parts), 347, 348 (in the second part), 349 (in the second part), 350 (in the first part), 352-1 (in the second part), 357 (in the first part), 358 (in the second part), 359 (in the second part), 372, 379, 386 (in the first part), 387, 390 (in the second and third parts), 398 (in the third part), 399 (in the first and second parts), 407 (in the first part), 426 (in the first part), 427, 428 (in the first part), 428-1 (in first and second parts), 430, In cases of criminal offenses provided for in articles 431, 464 (Part one), an inquiry is conducted by the internal affairs bodies. In cases of criminal offenses provided for in articles 188 (first part), 252 (first part), 290 (first part), 345 (second, third and fourth parts), 348 (second part), 350 (first part), 398 (third part) of the Criminal Code of the Republic of Kazakhstan, the investigation may be carried out by the State Security Service of the Republic of Kazakhstan if they are committed in the region of security measures and are directed directly against protected persons, the list of which is established by law.

     3.in cases of offenses provided for in articles 214 (first part), 214-1 (first part), 214-2 (first part), 233, 234 (first part), 245 (first part), 248 (first part), 301-1 (second part) of the Criminal Code of the Republic of Kazakhstan, the investigation is carried out by the Economic Investigation Service.

     4. 437 (second part), 439 (first part), 440 (2-1 and third parts), 441 (first and second parts), 442 (first part), 446 (first part), 447 (second part), 448 (second part), 449 (second part), 453 (first part), 459 (first and second parts), 461, 462 (first part), 463 (second part), 466 (in the second and Third parts)-for cases of offenses provided for in articles, as well as for military personnel; in cases of offenses specified in the second, third, seventh – ninth, eleventh, twelfth parts of this article committed by persons of civilian personnel of military units, formations, institutions in connection with the performance of their official duties or at the location of these units, formations and institutions, the inquiry is carried out by military police bodies.

     5.in cases of criminal offenses provided for in Article 445 (part one) of the Criminal Code of the Republic of Kazakhstan, criminal offenses specified in part four of this article, as well as all other criminal offenses committed by military personnel and employees of special state bodies, specified in parts two, third, seventh-ninth, eleventh, twelfth of this article, shall be investigated by the military police bodies of the National Security Committee.

     6.in cases of criminal offenses provided for in Article 396 (part one) of the Criminal Code of the Republic of Kazakhstan, the inquiry is carried out by the bodies of the border guard service.

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

     8.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, the inquiry is carried out by the internal affairs bodies or the Economic Investigation Service that initiated the pre-trial investigation.

     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 relation to business entities, the investigation is carried out 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.in cases of criminal offenses provided for in Article 392 (Parts 1 and 1) of the Criminal Code of the Republic of Kazakhstan, the inquiry is carried out by the bodies of the internal affairs or Border Guard service, which initiated the pre-trial investigation.

     11.in cases of criminal offenses provided for in Article 385 (Parts One and two) of the Criminal Code of the Republic of Kazakhstan, the inquiry is carried out by the internal affairs bodies, national security bodies, the Anti-Corruption service, the Economic Investigation Service or the State Security Service of the Republic of Kazakhstan, if they are directed against protected persons concluded in the

     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, which 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.in cases of criminal offenses referred to in this article, the inquiry is made upon the knowledge of a person whose right is suspected of committing a criminal offense.

     14.the inquiry shall be conducted in accordance with the rules established by this code for preliminary investigation, taking into account the exclusions provided for in the articles of this chapter.

     15.in cases of criminal misconduct referred to in parts sixteenth – Twenty-Fourth of this article, it is not mandatory to conduct an inquiry and the collected materials are the basis for consideration of the case in court.

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

17.the economic Investigative Service conducts a pre-trial investigation in protocol form on 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.a pre-trial investigation in protocol form is carried out by the bodies of the National Security Committee on criminal offenses provided for in articles 186 (part one), 458 (part one) of the Criminal Code of the Republic of Kazakhstan.

     19.a pre-trial investigation in protocol form is carried out by the internal affairs bodies or the economic Investigative Service for 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.

     19-1.pre-trial investigation in 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 the internal affairs bodies or the Anti-Corruption service.

     19-2.a pre-trial investigation in protocol form for criminal offenses provided for in Article 419 (part one) of the Criminal Code of the Republic of Kazakhstan is carried out by the internal affairs bodies, the Anti-Corruption service or the Economic Investigation Service.

     20. 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 military personnel; pre – trial investigation in protocol form is carried out by military police bodies in cases specified in parts sixteenth, seventeenth, nineteenth, twenty-second-Twenty-Fourth of this article by persons of civilian personnel of military units, formations, institutions in connection with the performance of their official duties or at the location of these units, formations and institutions.

     21.for criminal offenses provided for in part twentieth of this article, as well as for all other criminal offenses committed by military personnel and employees of special state bodies, on which the inquiry is not mandatory and the collected materials are the basis for considering the case in court, a pre-trial investigation in protocol form is carried out by the military police bodies of the National Security Committee.

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

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

     24.a pre-trial investigation into a case of a criminal offense provided for in Article 385 (part three) of the Criminal Code of the Republic of Kazakhstan is carried out by the bodies of internal affairs, national security, the Anti-Corruption service, the Economic Investigation Service or the State Security Service of the Republic of Kazakhstan, if it is directed directly against protected persons concluded in the region where security measures are carried out and the list of which is established by law.

     25.the bodies of the State Fire Service shall conduct inquiries in cases of criminal offenses provided for in Article 292 of the Criminal Code of the Republic of Kazakhstan.

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

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

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  

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