Article 301. Issues resolved by the prosecutor during the study of the criminal case received together with the report on the completion of the pre-trial investigation of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

     Warning. The title and first paragraph of Article 301 as amended by the law of the Republic of Kazakhstan dated 27.12.2021 No. 88-VII (as follows: from January 1, 2022 in relation to cases of particularly serious crimes investigated by investigators of internal affairs bodies, the anti-corruption Service and the Economic Investigation Service, including cases of other criminal offenses;      Effective from January 1, 2023 in relation to cases of corruption crimes provided for in paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those combined with cases of other criminal offenses;      in respect of cases of other criminal offenses completed in the form of a preliminary investigation, the preparation of a report on the completion of the pre-trial investigation by a person conducting a pre-trial investigation, effective from January 1, 2026, in terms of drawing up an indictment by the prosecutor and recognizing a person as an accused from the moment of drawing up an indictment by the prosecutor).

     The prosecutor, together with the report on the completion of the pre-trial investigation, examines the received criminal case and considers::

     1) whether the act occurred or not and whether the Act contains the composition of a criminal offense;

     2) whether there are circumstances in the case that lead to its termination;

     3) whether the suspect's actions are subject to re-qualification;

     Warning. Item 3) as amended by the law of the Republic of Kazakhstan dated 27.12.2021 No. 88-VII (as follows: from January 1, 2022 in relation to cases of particularly serious crimes investigated by investigators of internal affairs bodies, the anti-corruption Service and the Economic Investigation Service, including combined with cases of other criminal offenses;      Effective from January 1, 2023 in relation to cases of corruption crimes provided for in paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those combined with cases of other criminal offenses;      in respect of cases of other criminal offenses completed in the form of a preliminary investigation, the preparation of a report on the completion of the pre-trial investigation by a person conducting a pre-trial investigation, effective from January 1, 2026, in terms of drawing up an indictment by the prosecutor and recognizing a person as an accused from the moment of drawing up an indictment by the prosecutor).

     4) whether the action against the person is confirmed by the evidence available in the case;

     5) whether a person is recognized as a suspect in all identified criminal acts;

     6) whether measures have been taken to bring to criminal responsibility all persons against whom evidence of committing a criminal offense has been obtained in the case;

     7) whether there are grounds for choosing, changing or canceling a preventive measure in the case;

     Warning. Paragraph 7) as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (regarding cases of particularly serious crimes investigated by investigators of the internal affairs bodies, the Anti-Corruption Service and the Economic Investigation Service, including those combined with cases of other criminal offenses from January 1, 2022;      Effective from January 1, 2023 in relation to cases of corruption crimes provided for in paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those combined with cases of other criminal offenses;      in respect of cases of other criminal offenses completed in the form of a preliminary investigation, the preparation of a report on the completion of the pre-trial investigation by a person conducting a pre-trial investigation, effective from January 1, 2026, in terms of drawing up an indictment by the prosecutor and recognizing a person as an accused from the moment of drawing up an indictment by the prosecutor).

     8) whether measures have been taken to ensure the filing of a civil claim and possible confiscation of property;

     8-1) whether the property of the suspect, accused is related to a criminal offense, which is the basis for possible confiscation in cases stipulated by Article 48 of the Criminal Code of the Republic of Kazakhstan, and whether evidence is presented that this property belongs to the subject of confiscation;

     8-2) whether a parallel financial investigation has been carried out or not; note of the ZKAI!      Article 301 is provided for addition to paragraph 8-2) by the law of the Republic of Kazakhstan dated 16.07.2025 No. 210 – VIII (effective from 01.01.2027).

     9) whether significant violations of Criminal Procedure Law were committed in the pre-trial investigation;

     10) whether the criminal prosecution body has taken measures to determine the amounts of procedural costs and other amounts to ensure their recovery by the court;

     11) checks the availability of grounds for concluding a procedural agreement.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

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