Article 23. Implementation of legal proceedings on the basis of competitiveness and equality of the parties the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

 1.criminal proceedings shall be carried out on the basis of the principle of competitiveness and equality of the prosecution and defense parties.

     2. criminal prosecution, defense and resolution of the case by the court are separated from each other and are carried out by various bodies and officials.

     3.the task of proving the guilt of a person in committing a criminal offense and refuting his / her arguments in defense is assigned to the bodies of criminal prosecution, and in court proceedings – to public and private prosecutors.

     4.the defense attorney is obliged to use all means and methods provided for by law to protect a witness, suspect, accused, defendant, convicted person, acquitted person who has the right to protection.

     5.the court is not a body of criminal prosecution, does not act on the side of the prosecution or defense Party and does not represent any interests other than legal interests.

     6.the court, while maintaining objectivity and impartiality, is obliged to create the necessary conditions for the parties to fulfill their procedural duties and exercise the rights granted to them.

     7.the parties involved in criminal proceedings have equal rights, that is, they are given equal opportunities to defend their position in accordance with the Constitution of the Republic of Kazakhstan and this code. The court bases the procedural decision only on the evidence provided for each of the parties to participate in the study on the same basis.

     8.The Parties shall independently and independently choose their position in the course of criminal proceedings, methods and means of its protection to the court, other bodies and persons. At the request of the party, the court assists him in obtaining the necessary materials in accordance with the procedure provided for by this code.

     9.a public prosecutor and a private prosecutor may carry out criminal prosecution of a particular person or refuse criminal prosecution in cases provided for by law. The suspect, accused, defendant may freely deny his guilt or admit himself guilty, reconcile with the victim, conclude a procedural agreement, an agreement to achieve reconciliation by mediation. The civil plaintiff has the right to refuse the claim or conclude a settlement agreement with the civil defendant. The civil defendant has the right to recognize the claim or conclude a settlement agreement with the civil plaintiff.

     10.the court shall ensure the right of the parties to consider the case at the first and appellate stages; the defendant and his defense counsel and other participants in the process shall be allowed to participate in the consideration of the case in Cassation, in the implementation of proceedings on newly discovered circumstances and in the consideration of issues related to the execution of the sentence. When considering each criminal case by the court, a public or private prosecutor must represent the accused party on behalf of the accused. Other cases in which the participation of the parties is mandatory in comparison with the court case are determined by this code.during the course of the proceedings and consideration of issues related to the execution of the sentence. When considering each criminal case by the court, a public or private prosecutor must represent the prosecution party. Other cases in which the participation of the parties is mandatory in comparison with the court case are determined by this code.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

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