Article 26. Providing a witness who has the right to defense, a suspect, an accused the right to defense CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 26. Providing a witness who has the right to defense, a suspect, an accused the right to defense CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. A witness who has the right to defense, a suspect, and an accused have the right to defense. They may exercise this right either personally or with the help of a lawyer or legal representative in accordance with the procedure established by this Code.

2. The body conducting the criminal proceedings is obliged to explain to the suspect and the accused their rights and to provide them with the opportunity to defend themselves from suspicion and accusation by all means not prohibited by law, as well as to take measures to protect their personal and property rights.

3. In the cases provided for by this Code, the body conducting the criminal proceedings is obliged to ensure the participation of the defender of the suspect or the accused in the case.

4. The participation in criminal proceedings of the defender and the legal representative of the witness entitled to defense, the suspect, the accused does not detract from the rights of the latter.

5. A witness who has the right to defense, a suspect, or an accused person should not be forced to give evidence, submit any materials to the criminal prosecution authorities, or provide them with any assistance.

6. Suspects and accused persons retain all guarantees of their right to defense even when considering a criminal case against a person accused of jointly committing a criminal offense with them.

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Republic of Kazakhstan

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