Article 302. The decision and actions of the prosecutor in the criminal case received together with the report on the completion of the pre-trial investigation Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
Warning. Title of Article 302 as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (in relation to 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).
1. based on the results of studying the materials of the criminal case, the prosecutor shall carry out one of the following actions:
1) draws up an indictment;
2) excluded 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).
3) send a criminal case to the person conducting the pre-trial investigation for additional investigation;
3-1) in case of non-conduct or improper conduct of a parallel financial investigation, the criminal case shall be referred to the person carrying out the pre-trial investigation for additional investigation; Part 1 is provided for addition to paragraph 3-1) by the law of the Republic of Kazakhstan dated 16.07.2025 No. 210 – VIII (effective from 01.01.2027).
4) reduce the criminal case in full or part of it on the grounds provided for in Articles 35 and 36 of this code;
5) decides on the conclusion of a procedural agreement at its discretion or at the request of the Defense party;
6) supplement or reduce the list of persons subject to subpoena, with the exception of the list of defense witnesses.
2.the Prosecutor shall carry out the actions provided for in the first part of this article within ten days, and in complex, multi-episode criminal cases, these actions may be carried out within a period of up to one month..
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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