Article 207. Modification or addition of the qualification of a suspect's act, qualification of a criminal offense of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. If, during the pre-trial investigation, grounds arise for changing or supplementing the qualification of the suspect's act or the qualification of a criminal offense, the prosecutor or the person conducting the pre-trial investigation must, in respect of the suspect, comply with the requirements of article 204 of this Code, and if the suspected person has not been identified, in compliance with parts 1-1 of this Article, draw up, respectively, a new resolution on the qualification of the suspect's act or a resolution on the qualification of a criminal offense, subject to coordination with the prosecutor.

     A resolution on changing or supplementing the qualification of a suspect's act shall be announced to the suspect in accordance with the procedure established by Articles 205, 206 of this Code.

     The final qualification of the suspect's act and the qualification of the criminal offense are determined by the date of the last decision.

     1-1. The decision on changing or supplementing the qualification of a criminal offense must specify: the place and time of its preparation; by whom the decision was drawn up; a description of the criminal offense committed by an unidentified person, indicating the time and place of its commission, as well as other circumstances subject to proof in accordance with Article 113 of this Code; criminal law (Article, part, paragraph), which qualifies the committed act.

     2. If, during the pre-trial investigation, the declared suspicion in any part has not been confirmed, the investigator, by his decision, terminates the criminal prosecution in this part, which he notifies the suspect and other participants in the process with the delivery of a copy of the decision.

President    

Republic of Kazakhstan     

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