Article 24. Comprehensive, complete and objective investigation of the circumstances of the case CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 24. Comprehensive, complete and objective investigation of the circumstances of the case CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. The court, the prosecutor, the investigator, the inquirer are obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case.

At the same time, the court examines the evidence available in the case and presented in the ways provided for by this Code. The court may not, on its own initiative, collect additional evidence in order to eliminate the incompleteness of the pre-trial investigation.

2. The criminal prosecution authorities shall identify factual data on the basis of which circumstances relevant to the case are established.

3. The court considering a criminal case, while maintaining objectivity and impartiality, creates the necessary conditions for the parties to the prosecution and defense to exercise their rights to a comprehensive and complete investigation of the circumstances of the case.

4. The court is not bound by the opinion of the parties on the necessity and sufficiency of the examination of the evidence available in the case and presented at the court session by the parties, with the exception of the cases provided for in the second part of Article 380 of this Code.

5. The circumstances of the case are subject to clarification, both incriminating and justifying the suspect, the accused, the defendant, as well as mitigating and aggravating their responsibility and punishment. The body conducting the criminal process must verify all statements of innocence or lesser degree of guilt, as well as the availability of evidence justifying the suspect, the accused, the defendant or mitigating their responsibility, as well as the use of illegal investigative methods in the collection and consolidation of evidence.

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Republic of Kazakhstan

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