Article 192. Terms of pre-trial investigation Criminal Procedure Code of the Republic of Kazakhstan

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1.pre-trial investigation shall be completed within a logical time frame, taking into account the complexity of the criminal case, the scope of investigative actions and the sufficiency of the investigation of the circumstances of the case, but not exceeding the statute of limitations of criminal prosecution established by the Criminal Code of the Republic of Kazakhstan.

When determining the logical time frame for the pre-trial investigation, such circumstances as the legal and actual complexity of the criminal case, the exercise of procedural rights by the participants in pre-trial proceedings, the way in which the person carrying out the pre-trial investigation exercises his powers for the purpose of timely implementation of pre-trial proceedings are taken into account.

2. Terms of pre-trial investigation from the moment of registration of the application and message in the Unified Register of pre-trial investigations until the date when the criminal case is sent to the prosecutor by a resolution on termination of the criminal case, a report on the completion of the pre-trial investigation, a resolution on the application of an order procedure, a resolution on a criminal offense, a protocol of an accelerated pre-trial investigation, an indictment or a resolution on the transfer of the case to the court for consideration of the issue of applying compulsory medical measures, or by the prosecutor with the referral of the case to the court, the recognition of guilt is calculated before the date of conclusion of the transaction or a procedural agreement in the form of a transaction on the recognition of guilt and the return of illegally acquired assets.

The term of proceedings in a case in which several cases are combined is calculated from the date of the beginning of the first Proceedings of the criminal case by time. If custody or house arrest is used as a preventive measure in one of the combined cases, the period of pre-trial investigation is calculated from the date of the beginning of the pre-trial investigation of the case in which the specified preventive measures were applied.

Pre-trial investigation in cases of inquiry should not exceed one month and in cases of preliminary investigation-two months. The prosecutor has the right to review these deadlines, establishing a reasonable time frame for the pre-trial investigation.

Warning. Part 2 as amended by the law of the Republic of Kazakhstan dated 27.12.2021 No. 88-VII (as follows: from January 1, 2022 in relation to cases of particularly serious crimes investigated by investigators of internal affairs bodies, the anti-corruption Service and the Economic Investigation Service, including cases of other criminal offenses; Effective from January 1, 2023 in relation to cases of corruption crimes provided for in paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those combined with cases of other criminal offenses; in respect of cases of other criminal offenses completed in the form of a preliminary investigation, the preparation of a report on the completion of the pre-trial investigation by a person conducting a pre-trial investigation, effective from January 1, 2026, in terms of drawing up an indictment by the prosecutor and recognizing a person as an accused from the moment of drawing up an indictment by the prosecutor).

3. for the period specified in part two of this article:

1) familiarization of participants in the criminal process with the materials of the criminal case in accordance with the procedure provided for in Articles 190, 192-2 and 296 of this Code;

2) being in court and the prosecutor's office on the complaint of a witness, suspect, victim, who have the right to defend a criminal case;

3) finding a criminal case with the prosecutor in connection with the consideration of the issue of approval or coordination of procedural decisions and (or) actions of the person conducting the pre-trial investigation;

4) the time of the criminal case with the prosecutor in connection with the consideration of the application for the conclusion of a procedural agreement.

4. the term of pre-trial investigation established by Part Two of this article is determined by the motivated request of the investigator, the head of the body of inquiry:

depending on the complexity of the case, the military prosecutor of the regions and garrisons, the regional transport prosecutor, the district and equivalent prosecutor – logically, but for a period not exceeding three months;

due to the special complexity of the case or when resolving the issue of sending the materials of the criminal case to a foreign state for the continuation of criminal prosecution – the chief military prosecutor, the Chief transport prosecutor, the prosecutor of the region and the prosecutor equivalent to him and their deputies may, logically, but not more than twelve months.

5.further extension of the pre-trial investigation period is allowed only in exceptional cases and may be carried out by the prosecutor general of the Republic of Kazakhstan, his deputies for a logical, but not exceeding, period established by part one of this article.

6.the decision on the extension of the pre-trial investigation period shall be submitted by the head of the investigation department, inquiry, prosecutor to the military prosecutor of the region and Garrison, regional transport prosecutor, District Prosecutor, chief military prosecutor, Chief transport prosecutor, Prosecutor of the region and their equivalent prosecutors no later than five days after the end of the pre-trial investigation period, to the prosecutor general of the Republic of Kazakhstan, his deputies – no later than ten days.

7.in case of Return of the case by the prosecutor for additional investigation, cancellation of the decision on termination or termination of the criminal case or refusal to approve the decision on interruption of the pre-trial investigation or approval of the decision on termination of the criminal case, the pre-trial investigation is carried out within a period established by the prosecutor, but not more than one month from the moment the case Further extension of the term is made on general grounds and in accordance with the procedure provided for in art.

8.the suspect or victim has the right to appeal against unjustified prolongation of the investigation and to declare to the prosecutor a request to establish a certain period necessary for the full completion of the investigation of the case by the person carrying out criminal prosecution during it, or to appeal to the court in accordance with the procedure provided for by this code.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.

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