Article 291. Resumption of terminated pre-trial investigation or criminal prosecution CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The resumption of a pre-trial investigation or criminal prosecution after its termination is carried out by canceling the termination order by the prosecutor or the court.

     If the terms of the procedural agreement on the admission of guilt and the return of illegally acquired assets are not fulfilled, the decision to terminate the pre-trial investigation or criminal prosecution is canceled at the request of the prosecutor by the court that issued such a decision.

     2. The suspect, the accused, their defenders, the victim and his representative, the civil plaintiff, the civil defendant or their representatives, as well as the person or organization upon whose application the pre-trial investigation was initiated, are notified in writing of the resumption of proceedings in the case.

     3. The resumption of a pre-trial investigation may take place only if the statute of limitations for bringing a person to criminal responsibility has not expired.

     4. In case of resumption of the pre-trial investigation in accordance with the provisions of this article, the prosecutor has the right to choose a preventive measure by a reasoned decision, with the exception of detention or house arrest.

     5. In cases where the prosecutor considers it necessary to choose a preventive measure in the form of detention or house arrest, he shall be guided, respectively, by Articles 146, 147 of this Code.

President    

Republic of Kazakhstan     

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