Article 226. Procedure for authorizing the decision on exhumation of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. If exhumation is necessary, the person conducting the pre-trial investigation issues a decision on exhumation and sends it to the investigating judge.
The resolution is accompanied by certified copies of the materials of the criminal case confirming the need for exhumation.
A copy of the resolution is simultaneously sent to the prosecutor.
2. Excluded by the Law of the Republic of Kazakhstan dated December 21, 2017 No. 118-VI (effective ten calendar days after the date of its first official publication).
3. An application for the authorization of exhumation shall be considered by the investigating judge alone, without the participation of the parties, within twenty-four hours from the date of receipt of the materials by the court.
4. Having considered the petition and the submitted case materials, the investigating judge authorizes or refuses to authorize the exhumation by a reasoned decision, and in the case of a court hearing, issues a decision on authorizing or refusing to authorize the exhumation.
A copy of the decision or resolution of the investigating judge is sent to the pre-trial investigation body that issued the exhumation order for execution.
5. The decision to exhume or to refuse to do so may be appealed or reviewed at the request of the prosecutor in accordance with the procedure provided for in Article 107 of this Code.
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