Article 32. Cases of private, public-private and public prosecution and charges CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 32. Cases of private, public-private and public prosecution and charges CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. Depending on the nature and severity of the criminal offense committed, criminal prosecution and prosecution in court shall be carried out in private, privately and publicly.

2. Cases of criminal offenses provided for in Articles 114 (parts one and two), 123 (part one), 131, 147 (parts one and two), 149 (part one), 150 (part one), 198 (part one), 199 (part one), 321 (part one first) of the Criminal Code of the Republic of Kazakhstan, as well as Article 152 (parts one and two) of the Criminal Code of the Republic of Kazakhstan, with the exception of the case provided for in part three of this Article, are considered cases of private prosecution. The proceedings in these cases begin only on the complaint of the victim and are subject to termination after reconciliation with the accused, the defendant.

3. Cases of criminal offenses provided for in articles 108-1 (part one), 109-1 (Part one), 110 (Part one), 115, 115-1, 120 (Part one), 121 (Part one), 121-1, 125-1 (Part one), 126 (Part one), 138, 139, 145, 148 (part one), 152 (part three), 153 (part one), 154, 155 (part one), 157 (part one), 158 (part one), 159, 187, 189 (parts one and two), 190 (part one), 195 (part one first), 198 (part two), 199 (part two), 201 (part one), 202 (part one), 204, 205 (part one), 206 (part one), 207 (part one), 208 (part one), 209 (part one), 211 (part one), 223 (parts one and two), 248 (part one), 250, 251 (part one), 317 (part one), 319 (parts one and two), 321 (part two), 345 (part one), 389 (part one) of the Criminal Code of the Republic of Kazakhstan, as well as Article 152 (part one), if it is related to the failure to comply with a court decision on reinstatement, are considered cases of private and public prosecution. The proceedings in these cases begin only upon the complaint of the victim and are subject to termination after reconciliation with the suspect, accused, defendant only in cases provided for in article 68 of the Criminal Code of the Republic of Kazakhstan.

4. The prosecutor shall initiate or continue proceedings in cases of private and public-private prosecution and, in the absence of a complaint from the victim, if the act affects the interests of a person who is in a helpless or dependent state or for other reasons is unable to independently exercise his rights, or in a case of public-private prosecution affecting the interests of society or the state.

5. After registration of a report of a criminal offense in the Unified Register of Pre-Trial Investigations and urgent investigative actions, proceedings in cases of private and public-private prosecution and prosecution in the absence of a complaint from the victim shall be terminated no later than three days after registration on the grounds provided for in paragraph 5) of the first part of Article 35 of this Code.

6. Cases of criminal offenses, with the exception of those specified in parts two and three of this Article, shall be considered cases of public accusation. Criminal prosecution in these cases is carried out regardless of the filing of a complaint to the victims.

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

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