Article 232. Conditions and grounds for conducting covert investigative actions Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.if it is necessary to obtain the circumstances to be proved in a criminal case, information on facts affecting the interests of persons involved in criminal proceedings without informing them, the secret investigative actions provided for in this chapter shall be carried out.
2.secret investigative actions, with the exception of secret control of postal items and other items, are carried out on behalf of the pre-trial investigation body by an authorized subdivision of a law enforcement body or a special state body using the forms and methods of operational investigative activities.
3.Secret investigative actions provided for in Paragraphs 1)-6) of Article 231 of this code are carried out with the permission of the investigating judge of a specialized investigative court, a Specialized Interdistrict investigative court, the procedure for obtaining which is established by Article 234 of this code.
4. covert investigative actions in the presence of one of the following grounds:
1) in cases of crimes for the commission of which the sanction provides for a punishment in the form of imprisonment for a period of more than one year;
2) crimes prepared and committed by the criminal group.
5.in order to identify, suppress and disclose other criminal offenses not provided for in the fourth part of this article, secret investigative actions provided for only in paragraphs 7)-9) of Article 231 of this code may be carried out.
6.in the event of a threat to The Life, Health, property of individual persons, on their application or with their written consent, on the basis of a resolution of the pre-trial investigation body, within twenty-four hours from the date of issuance of the resolution, with mandatory notification of the prosecutor, it is allowed to carry out secret investigative actions provided for in Paragraphs 1) and 2) of Article 231 of this code.
7. covert investigative actions:
1) a person who is indicated in the application, report on a criminal offense as a person preparing, committing or committing it, or who has other grounds to believe that he or she is related to the offense under investigation, or has information about the criminal offense being prepared, committed or committed;
2) to the suspect;
3) upon the written consent of the victim to him;
4) to a third party, if there is information that a third party receives or transmits information relevant to the case;
5) in relation to the land, if the circumstances occurring on it or expected to exist are relevant to the case.
Note! The Constitutional Court of the Republic of Kazakhstan has started proceedings to verify the constitutionality of Part 8 of Article 232.
8.it is prohibited to conduct covert investigative actions against lawyers providing legal assistance, except in cases where there is reason to believe that they are preparing or committing a serious or particularly serious crime.
9.it is not allowed to carry out covert investigative actions to achieve the goals and objectives not provided for by this code, as well as to use information obtained in the course of their implementation.
10.the procedure for conducting secret investigative actions is determined by law enforcement agencies and special state bodies in agreement with the prosecutor general of the Republic of Kazakhstan.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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