Article 296. Familiarization of the suspect and his defender with all the case materials CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 296. Familiarization of the suspect and his defender with all the case materials CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. Having fulfilled the requirements of Article 295 of this Code, the person conducting the pre-trial investigation shall present to the suspect and his defense counsel all the case materials, with the exception of the list of charges, which must be filed, numbered, entered in the inventory of the case sheets, laced and sealed by the investigating authority. Material evidence is also presented for review and, at the request of the suspect or his lawyer, phonograms, videotapes, films, slides, and other media are reproduced, if any, attached to the protocols of investigative actions. At the request of the suspect or his defense counsel, they may review the case materials together or separately.

2. The suspect and the defender, in the process of familiarizing themselves with the case materials, if it consists of several volumes, have the right to repeatedly refer to any of them, as well as to write out any information and in any volume, to make copies of documents, including using scientific and technical means, with the exception of information containing state secrets or other protected information. The law is a secret. Extracts and copies of documents from the case, which contain information constituting state secrets or other legally protected secrets, are kept in the case and handed over to the suspect and his defense counsel for the duration of the court session.

3. The suspect and the defense counsel may not be limited in the time they need to familiarize themselves with all the case materials. If the suspect and the defense counsel are clearly delaying familiarization with the case materials, the person conducting the pre-trial investigation has the right to draw up a schedule for familiarization with the case materials, approved by the prosecutor, with a certain time limit.

4. Upon completion of familiarization of the suspect and the defender with the case materials, the person conducting the pre-trial investigation is obliged to find out from them whether they file petitions and about what exactly, what other statements they wish to make.

At the same time, the suspect and his defense attorney provide additional evidence and other information, which are necessarily attached to the criminal case. The person conducting the pre-trial investigation has the right to carry out additional investigative actions in accordance with the procedure provided for in parts three and four of Article 297 of this Code.

Failure by the parties to fully present the evidence and other materials available at that time entails their recognition as inadmissible as evidence.

At the same time, the defense has the right, regardless of the motives, not to provide the pre-trial investigation body with evidence that, in its opinion, is of particular importance for ensuring the interests of the suspect's defense.

It should also be clarified from the suspect and his defense attorney who specifically from among the interviewed witnesses, as well as from the experts, specialists and witnesses involved in the case, they wish to summon to the court session for questioning and confirmation of the defense's position.

The footnote. Article 296 as amended by the Law of the Republic of Kazakhstan dated December 21, 2017 No. 118-VI (effective ten calendar days after the date of its first official publication).

President

Republic of Kazakhstan

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