Article 294. Notification of termination of investigative actions and clarification of the right to review the materials of the criminal case of the CPC RK, the Code of Criminal Procedure of the Republic of Kazakhstan

     1. Recognizing that all circumstances have been established in a criminal case that must be proved in accordance with the requirements of Article 113 of this Code, the person conducting the pre-trial investigation shall notify the suspect, his lawyer, legal representative, if they participate in the case, as well as the person conducting the pre-trial investigation. the victim, his representative, the civil plaintiff, the civil defendant and their representatives shall notify in writing of the completion of the investigation. conducting investigative actions in this case.

     Simultaneously with the notification, the persons specified in the first paragraph of the first part of this article are given the right to get acquainted with the materials of the criminal case, to file petitions for additional investigative actions or other procedural decisions. The notification also contains a notification about the place of familiarization and the time period during which they can familiarize themselves with the materials of the criminal case.

     2. If, at the end of the investigative actions in a criminal case or during the period of familiarization of the suspect and his defense counsel with the case materials, the period of detention expires, the person conducting the pre-trial investigation issues a resolution to initiate a petition to the court to authorize the detention of the suspect and his defense counsel. the period of the suspect's detention for the period of familiarization with the materials of the criminal case.

     The period of detention of a suspect is allowed in accordance with the procedure provided for in Article 152 of this Code.

     3. A person conducting a pre-trial investigation is obliged to explain to the party representing the interests of a minor suspect or a minor victim of criminal offenses specified in the first part of Article 307 of this Code the right to have a case under the jurisdiction of a specialized inter-district juvenile court adjudicated. district and equivalent courts.

     4. A protocol is drawn up on familiarization of the participant in the process with the materials of the criminal case by the person conducting the pre-trial investigation. At the request of the suspect or his defense attorney, familiarization with the materials of the criminal case may be carried out simultaneously, and a single protocol is drawn up.

     If the suspect refuses to review the materials of the criminal case, a note about this is made in the protocol.

     If the defense attorney, the legal representative of the suspect, the victim, the representatives of the victim, the civil plaintiff, the civil defendant for valid reasons cannot appear at the appointed time, the person conducting the pre-trial investigation postpones the review for a period of no more than five days.

     If the suspect's defense attorney or the victim's representative does not appear during this period, the person conducting the pre-trial investigation is obliged to take measures to ensure the appearance of another defense attorney or representative.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases