Article 302-1. Contents of the indictment of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. The prosecutor's indictment consists of introductory, descriptive, motivational and resolute parts.
2. In the introductory part, the prosecutor indicates the surname, first name, patronymic (if any) of the accused (accused) against whom the indictment is being drawn up, information about the accused (accused) (nationality, marital status, occupation, education, place of residence, criminal record), and other characteristics of him (them) the data, the measure of restraint chosen against him (them), the criminal law (article, part, paragraph), which qualifies his (their) actions.
3. The descriptive and motivational part sets out: the essence of the charge, the place and time of the crime, its methods, motives, consequences and other significant circumstances, information about the victim, evidence confirming the guilt of the accused; information about property subject to possible confiscation in accordance with Article 48 of the Criminal Code of the Republic of Kazakhstan; a list of evidence confirming that The property is subject to possible confiscation in accordance with article 48 of the Criminal Code of the Republic of Kazakhstan.; circumstances mitigating and aggravating his responsibility; information about the circumstances that are prerequisites for the use of treatment for mental and behavioral disorders (diseases) related to the use of psychoactive substances; arguments of the defense in his favor and the results of verification of these arguments. The indictment must contain references to the volumes and sheets of the case.
4. The operative part of the indictment indicates the surname, first name and patronymic (if any) of the accused (accused), the specific article, part and paragraph of the article of the criminal law, which qualifies the act charged against him, the decision to bring the accused to trial and send the criminal case to the court that has jurisdiction over it.
5. The indictment is signed by the prosecutor, indicating the place and date of its compilation.
6. If a person is accused of committing several criminal offenses provided for in different articles, parts or paragraphs of articles of the criminal law, the indictment must specify the qualifications of each of these criminal offenses separately.
When several persons are accused of committing a single criminal offense, the indictment specifies the qualification of the criminal offense in respect of each accused.
7. The list of persons to be summoned to the court session is attached to the indictment. The list contains the surname, first name, patronymic (if any) of the person, his procedural status, place of residence, a link to the sheet number and the volume of the criminal case with his testimony.
The list should consist of two parts: the list of persons named by the defense (the defense list) and the list compiled by the prosecutor (the prosecution list).
The list is placed in a sealed envelope and attached to the criminal case.
A certificate is also attached to the indictment, which indicates the term of the pre-trial investigation, the measure of restraint, the period of detention of the person, the available material evidence and the place of their storage, the measures taken to ensure a civil claim and the execution of the court verdict, the procedural costs and the amounts to be recovered from the accused, the filed claim.
The footnote. Chapter 39 is supplemented by Article 302-1, in accordance with the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (regarding the preparation by the person conducting the pre-trial investigation of a report on the completion of the pre-trial investigation, the preparation by the prosecutor of the indictment and the recognition of the person as an accused from the moment the prosecutor draws up the indictment, which are effective: from January 1, 2022 in respect of cases of particularly serious crimes investigated by investigators of the internal affairs bodies, the anti-corruption service and the Economic Investigation Service, including those connected with cases of other criminal offenses; 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 connected with cases of other criminal offenses; from January 1, 2024 in relation to cases of other criminal offenses completed in in the form of a preliminary investigation).
President
Republic of Kazakhstan
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