Article 297. The procedure for consideration and resolution of petitions filed upon completion of familiarization with the materials of the criminal case CPC RK Criminal Procedure Code of the Republic of Kazakhstan

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Article 297. The procedure for consideration and resolution of petitions filed upon completion of familiarization with the materials of the criminal case CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. Upon completion of familiarization of the persons referred to in Article 294 of this Code with the materials of the criminal case, the person conducting the pre-trial investigation shall find out whether they have any petitions or other statements.

2. The petitions of the suspect, his defender, legal representative, victim, civil plaintiff, civil defendant and their representatives, stated orally after reviewing the case materials, are recorded in the protocol on familiarization.

In cases where a participant in the process declares his intention to submit a petition in writing, the necessary time is provided for its preparation, but not more than three days, as indicated in the protocol on familiarization. The written petition is attached to the case.

3. Petitions are considered and resolved in accordance with the procedure established by Article 99 of this Code, on the basis of which the person conducting the pre-trial investigation has no right to refuse to satisfy the petition for the establishment of circumstances relevant to the case. In such cases, the person conducting the pre-trial investigation, recognizing the need for additional investigative actions, issues a resolution on the resumption of investigative actions and the satisfaction of the petition, while continuing to review the materials of the criminal case by other participants in the process does not prevent the resolution of the petition and, if satisfied, the conduct of investigative actions.

4. After additional investigative actions have been performed, the person conducting the pre-trial investigation shall again announce the end of the investigative actions and explain the possibility to the participants in the process who have previously familiarized themselves with the materials of the criminal case, the right to familiarize themselves with the materials of additional investigative actions or, at their request, with the materials of the criminal case within the rights of the relevant participants established in this chapter.

5. In case of complete or partial refusal to satisfy the petitions filed, the person conducting the pre-trial investigation issues an appropriate resolution, a copy of which is handed over to the person who filed the petition personally or sent to him through available means of communication within 24 hours.

6. The refusal of the person conducting the pre-trial investigation to satisfy the petition in a criminal case may be appealed to the prosecutor within three days from the date of receipt of a copy of the decision to refuse the petition.

7. Until the complaint is resolved by the prosecutor, the criminal case cannot be sent to court. The prosecutor's rejection of a complaint against a refusal to satisfy a petition does not preclude the filing of the same petition in court.

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