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Home / Codes / Article 212. Interrogation protocol of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Article 212. Interrogation protocol of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 212. Interrogation protocol of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The course and results of the interrogation are reflected in the protocol drawn up in compliance with the requirements Article 199 of this Code.

     The testimony is recorded in the first person and, if possible, verbatim. Questions and answers to them are recorded in the order that took place during the interrogation. The protocol also reflects those questions of the persons participating in the interrogation that were withdrawn by the person conducting the pre-trial investigation, or to which the interrogated refused to answer, indicating the reasons for the withdrawal or refusal.

     2. The protocol of the first interrogation shall contain information about the person being interrogated, including: surname, first name, patronymic (if any), time and place of birth, citizenship, nationality, education; marital status, place of work, occupation or position, place of residence, as well as other information that may be necessary for circumstances of the case, in accordance with the rules of part four of Article 199 of this Code.

     During subsequent interrogations, data on the identity of the interrogated person, if they have not changed, can be limited to indicating his last name, first name and patronymic (if any).

     The interrogation protocol of the suspect indicates the presence or absence of a previous criminal record.

     3. The interrogated person may produce diagrams, drawings, drawings, diagrams, which are attached to the protocol, and a note is made in it.

     4. All persons who participated in the interrogation are indicated in the protocol. Each of them must sign the protocol, as well as all additions and clarifications made to it.

     5. After a free story, the interrogated person has the right to present his testimony in his own hand. After the testimony is presented in his own hand and signed by the interrogated person, the person conducting the pre-trial investigation may ask additional and clarifying questions.

     6. At the end of the interrogation, the protocol is presented for reading to the interrogated person or is announced at his request. The requirements of the interrogated person to make additions and clarifications to the protocol are subject to mandatory execution.

     7. The fact of familiarization with the testimony and the correctness of its recording shall be confirmed by the interrogated person's signature at the end of the protocol. Each page of the protocol is also signed by the interrogated. If the interrogated person refuses to sign the protocol, the person conducting the pre-trial investigation finds out the reasons for the refusal, enters them in the protocol and certifies the protocol with his signature.

     8. If the interrogated person is unable to personally sign the protocol due to a physical disability or other reasons, the protocol shall be signed at his request by a defender, representative or other person whom the interrogated person trusts, as indicated in the protocol.

     9. If an interpreter or a person with sign language skills participated in the interrogation, they also sign each page and the protocol as a whole. They also sign the translation of the interrogated person's handwritten testimony.

 

 

 

 

 

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