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Home / Codes / Article 301. Issues resolved by the prosecutor when examining a criminal case filed with an indictment or a report on the completion of a pre-trial investigation CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Article 301. Issues resolved by the prosecutor when examining a criminal case filed with an indictment or a report on the completion of a pre-trial investigation CPC RK Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 301. Issues resolved by the prosecutor when examining a criminal case filed with an indictment or a report on the completion of a pre-trial investigation CPC RK Criminal Procedure Code of the Republic of Kazakhstan

 

     The prosecutor examines the criminal case received with the indictment or the report on the completion of the pre-trial investigation and verifies:

     1) has an act taken place and does this act constitute a criminal offense;

     2) are there any circumstances in the case leading to its termination;

     3) is the suspect's act subject to retraining;

      4) is the alleged act supported by the evidence available in the case;

     5) has the person been recognized as a suspect for all established criminal offences;

     6) have measures been taken to bring to criminal responsibility all persons against whom evidence of their criminal offenses has been obtained in the case?;

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

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

     8-1) is the property of the suspect or accused related to a criminal offense that is the basis for possible confiscation in the cases provided for in article 48 of the Criminal Code of the Republic of Kazakhstan, and has evidence been provided that this property is the subject of confiscation;

     8-2) Has a parallel financial investigation been conducted;

IZPI's note!           Article 301 is provided to be supplemented by paragraph 8-2) in accordance with the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective from 01/01/2027).

     9) have there been any significant violations of the criminal procedure law during the pre-trial investigation?;

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

     11) whether there are grounds for concluding a procedural agreement.

 

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

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 1, 2026, No. 331-VIII SAM 

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