Article 202. Announcement of recognition of a person as a suspect CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. If there is data, including those provided for in paragraphs 1) – 4) of the second part of Article 128 of this Code, indicating that a person has committed a crime, if there is no need to apply procedural detention to him, the pre-trial investigation body shall issue a resolution recognizing the person as a suspect, which is accompanied by the materials of the criminal case confirming its validity., is immediately sent to the prosecutor for approval.

     1-1. The prosecutor shall immediately take a decision on approving a decision on recognizing a person as a suspect, or refuse to approve it with a reasoned decision.

     1-2. In urgent cases, the person conducting the pre-trial investigation has the right to make a decision on recognizing the person as a suspect and interrogate him according to the rules provided for in Articles 209 and 216 of this Code, with immediate dispatch to the prosecutor of the decision on recognizing the person as a suspect for approval.

     The materials of the criminal case and the protocol of the interrogation of the person as a suspect are attached to the decision.

     The prosecutor, having studied the materials of the criminal case and the protocol of the interrogation of the person as a suspect, immediately:

     1) approves a resolution on recognizing a person as a suspect;

     2) issues a reasoned decision to refuse to coordinate the decision to recognize a person as a suspect with the recognition of the interrogation as inadmissible as evidence and returns the materials of the criminal case to the person conducting the pre-trial investigation, if necessary, indicating the conduct of certain investigative and (or) procedural actions. If the prosecutor refuses to approve this resolution, the person ceases to be in the position of a suspect.

     The person conducting the pre-trial investigation notifies the suspect or the person in respect of whom the prosecutor has refused to approve the decision on recognition as a suspect about the decision taken by the prosecutor.

     2. The decision on recognizing a person as a suspect must specify:

     1) the time and place of its preparation; by whom the resolution was drawn up; surname, first name and patronymic (if any) of the person recognized as a suspect, date, month, year and place of his birth;

     2) what criminal offense is the person suspected of committing.

     The decision on recognizing as suspects a lawyer, prosecutor, investigator, inquirer, head of the investigative department, head of the body of inquiry when they commit crimes related to the performance of professional and official duties, is coordinated with the head of the prosecutor's office.

     The decision on recognizing a person as a suspect is announced to this person. The person conducting the pre-trial investigation is obliged to explain to the person against whom the decision on recognition as a suspect has been issued the rights of the suspect, which is noted in the decision, and to hand him a copy of this decision.

     3. Excluded by the Law of the Republic of Kazakhstan dated 12/19/2020 No. 384-VI (effective ten calendar days after the date of its first official publication).      

President    

Republic of Kazakhstan     

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