Article 193. Powers of the prosecutor in the process of pre-trial investigation Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 193. Powers of the prosecutor in the process of pre-trial investigation Criminal Procedure Code of the Republic of Kazakhstan

1. The prosecutor, supervising the legality of the pre-trial investigation, as well as criminal prosecution:

1) registers an application for a criminal offense and submits it to the criminal prosecution body, or accepts it into its own proceedings and conducts a pre-trial investigation;

2) submits the application and the available materials on the criminal offense received from one body of criminal prosecution, according to the jurisdiction and jurisdiction;

3) verifies compliance with the law when receiving and registering applications and reports of criminal offenses;

3-1) based on the results of checking compliance with the legality of the pre-trial investigation, the court has the right to set a reasonable time for the pre-trial investigation.;

4) has the right to participate in the inspection of the scene of the incident, and also performs other actions within the limits of his powers provided for by this Code.;

5) gives written instructions on the conduct of certain investigative actions, including the conduct of a parallel financial investigation;

6) in the cases provided for by this Code, coordinate and approve the actions and (or) decisions of the person conducting the pre-trial investigation.;

"Approval" and "Approval" by the prosecutor are carried out by certifying the resolution with an electronic digital signature, and for paper-based procedural decisions and actions, including those requiring confidentiality, by affixing "Approve" and "Approve" marks on the resolution of the person conducting the pre-trial investigation, certified by his signature.;

7) in the cases and in accordance with the procedure established by this Code, gives written instructions on attaching the results of secret investigative actions to the materials of the pre-trial investigation.;

8) submits a submission to obtain consent to the deprivation of immunity and criminal prosecution of persons with immunity and privileges from criminal prosecution;

9) receives criminal cases, documents, and materials for verification from the criminal prosecution authorities, including the results of operational investigative, counterintelligence, and covert investigative actions, and directs criminal cases for which deadlines for further investigation have been interrupted.;

9-1) terminates illegal covert investigative actions provided for in paragraphs 7) and 9) of Article 231 of this Code;

10) repeals illegal decisions of the investigator, the inquirer, the body of inquiry, as well as decisions and instructions of the heads of the investigative department and the body of inquiry, the subordinate prosecutor;

11) returns the criminal case for additional investigation;

11-1) terminates the pre-trial investigation in full or in relation to specific persons;

12) withdraw cases from the body conducting the pre-trial investigation and transfer them to another pre-trial investigation body in accordance with the jurisdiction established by this Code; in exceptional cases related to the need to ensure the objectivity and sufficiency of the investigation, at the written request of the criminal prosecution body or a participant in the criminal process, transfer cases from one body to another or take over its proceedings and investigates them independently of the jurisdiction established by this Code.;

12-1) has the right to carry out pre-trial investigation in cases of criminal offenses provided for in Chapter 17 of the Criminal Code of the Republic of Kazakhstan.

In exceptional cases, the Prosecutor General may, on his own initiative, entrust the conduct of a pre-trial investigation to a prosecutor, regardless of the jurisdiction established by this Code.;

13) in the cases and in accordance with the procedure established by this Code, extend the terms of the pre-trial investigation, as well as in the cases provided for in parts seven and eight of Article 192 of this Code, establish the term of the investigation.;

14) when considering issues referred by this Code to the competence of the investigating judge, participates in court sessions.;

15) verifies compliance with the procedure and conditions of detention established by law.;

16) approves or draws up an indictment, taking into account the requirements of the first part of Article 298 of this Code;

16-1) approves the protocol on criminal misconduct, the protocol of the accelerated pre-trial investigation, the protocol of the charge, the decision on the application of writ proceedings, puts the accused before the court by its resolution and sends the criminal case to the court for consideration on the merits.;

17) approves the resolution of the person conducting the pre-trial investigation on the termination of the criminal case or criminal prosecution in full or in part;

18) by court order, organizes investigative actions, the results of which the court attaches to the case file at the request of the prosecutor.;

19) initiates and concludes a procedural agreement;

20) exercise other powers provided for by this Code.

1-1. The Prosecutor carries out pre-trial investigations in cases of torture.

2. The division of powers of prosecutors at the stage of pre-trial investigation is determined by the Prosecutor General of the Republic of Kazakhstan.

The exclusive powers of the head of the prosecutor's office include:

1) conclusion of a procedural cooperation agreement;

2) cancellation of illegal decisions of the investigator, the inquirer, the body of inquiry, as well as decisions and instructions of the heads of the investigative department and the body of inquiry, the subordinate (subordinate) prosecutor;

3) withdrawal of a criminal case from a person or body conducting a pre-trial investigation and transfer it to another person or body for conducting a pre-trial investigation;

4) making a submission to obtain consent to the deprivation of immunity and bringing to criminal responsibility persons who have privileges from criminal prosecution;

5) prolongation of terms of investigation of criminal cases;

6) consideration of complaints against the actions and decisions of the investigator, the inquirer, the body of inquiry, the heads of the investigative department and the body of inquiry, as well as the subordinate prosecutor;

7) in case of violations of the law, the removal of the investigator or inquirer from conducting a pre-trial investigation in a criminal case;

8) approval of the decision of the procedural prosecutor on the return of the criminal case for additional investigation;

9) drafting or approving an indictment;

9-1) approval of the decision on the application of writ proceedings, the protocol on criminal misconduct, the protocol of the accelerated pre-trial investigation, the protocol of the charge and the referral of the criminal case to the court for consideration on the merits;

10) approval of the decision of the person conducting the pre-trial investigation to terminate the criminal case or criminal prosecution in full or in part;

11) coordination of resolutions on the recognition of a person as a suspect and on the qualification of the suspect's act in cases where the norms of this Code directly impose this duty on the head of the prosecutor's office.

The powers of the head of the prosecutor's office listed in paragraphs 2), 3), 6), 7), 8), 9), 9-1) and 10) of this part may be carried out by the heads of structural divisions of the General Prosecutor's Office of the Republic of Kazakhstan, their deputies, heads of structural divisions of the Main Military Prosecutor's Office, the Main Transport Prosecutor's Office, regional prosecutor's offices and equivalent prosecutor's offices that provide oversight of the legality of the pre-trial stage of the criminal process.

3. The head of the prosecutor's office has the right, in a specific criminal case, to determine the prosecutor supervising in accordance with this article (the procedural prosecutor).

The procedural prosecutor shall supervise the criminal case from the moment the pre-trial investigation begins, exercise the powers provided for in part one of this article, with the exception of the cases provided for in part two of this article, and participate in the court of first instance as a public prosecutor.

The procedural prosecutor is irremovable, but in cases provided for by regulatory legal acts of the Prosecutor General of the Republic of Kazakhstan, he may be replaced by another procedural prosecutor by decision of the head of the prosecutor's office.

4. The instructions of the prosecutor to the person conducting the pre-trial investigation, to the head of the criminal prosecution body, given in accordance with the procedure provided for by this Code, are mandatory, but may be appealed to a higher prosecutor. Appealing against the instructions received to a higher prosecutor does not suspend their execution.

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

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 1, 2026, No. 331-VIII SAM

President

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

Article 380. Acts of intimidation or violence against a representative of the authorities of the Criminal Code of the Republic of Kazakhstan

Article 380. Acts of intimidation or violence against a representative of the authorities of the Criminal Code of the Republic of Kazakhstan1. threats of murder, harm to healt...