Article 26. Ensuring the Right to Defence of a Witness Entitled to the Right to Defence, a Suspect and an Accused Person. Commentary on the Article of the Criminal Procedure Code of the Republic of Kazakhstan

• in respect of whom a resolution on the qualification of the suspect's act has been issued; 4) who has been questioned in connection with the existence of suspicion of committing a criminal misdemeanour (Part 1 of Article 64 of the CPC). An accused person is a person in respect of whom: 1) an indictment has been approved by the prosecutor; 2) a resolution on the application of summary proceedings in a case concerning a minor-gravity crime has been approved by the prosecutor; 3) a report on a criminal misdemeanour has been approved by the head of the inquiry body and a decision has been made to refer the criminal case to court under the relevant article (articles) of criminal law; 4) the pre-trial investigation has been completed by concluding a procedural agreement (Part 4 of Article 617 of the CPC); 5) a resolution on the application of summary proceedings in a case concerning a criminal misdemeanour has been approved by the head of the inquiry body. An accused person in respect of whom a trial has been scheduled, and in private prosecution cases, a person in respect of whom a complaint has been accepted by the court for its proceedings, is referred to as a defendant. A defendant in respect of whom a conviction has been issued is referred to as a convicted person (Parts 1–3 of Article 65 of the CPC).