Article 213. Features of interrogation (remote interrogation) in the mode of video communication using scientific and technical means Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1. the interrogation, as well as the layout of the victim, witness, witness, suspect, who has the right to defense, must be carried out via video communication (remote interrogation, layout) using scientific and technical means with their summons to the pre-trial investigation body of the district or region, the city of republican significance, the capital on whose territory they are located, or "Maybe. In the process of remote interrogation, confrontation, participants in the procedural action immediately accept the testimony of the interrogated person from the live broadcast.
Remote interrogation, layout:
1) a person cannot come directly to the body conducting criminal proceedings at the place of Investigation (consideration) of a criminal case for health reasons or other valid reasons;
2) ensuring the safety of a person;
3) interrogation of a young or minor witness, victim;
4) compliance with the terms of pre-trial investigation, consideration of the case in court;
5) in cases where there are reasons that give reason to believe that the interrogation will be difficult or associated with excessive costs.
2.a decision on conducting a remote interrogation is made by a person conducting a pre-trial investigation on his own initiative or at the request of a party or other participants in criminal proceedings, or at the direction of the prosecutor, by sending an order in accordance with the procedure provided for in Article 188 of this code.
When receiving a remote response, the use of scientific and technical means and technologies should ensure the proper quality of video and sound, as well as information security.
3.the course and results of the investigative action carried out in the mode of video communication are reflected in the protocol drawn up by the pre-trial investigation body performing the task in accordance with the requirements of Article 199 of this code. The protocol of remote interrogation, confrontation reflects information about the scientific and technical means of sound and video recording, with the help of which the investigative action is carried out.
The requirements of the interrogated person to make additions and clarifications to the protocol are subject to mandatory execution.
After signing it, the protocol is sent to the person conducting the investigation of the case.
4.in order to ensure security, a person may be interrogated at his request in video communication mode with changes in appearance and voice that exclude his recognition.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the 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