Article 32. Parliamentary immunity of the Constitutional Law on the Parliament of the Republic of Kazakhstan and the Status of its Deputies
1. During his term of office, a Member of Parliament may not be detained, detained, house arrested, brought to court, or prosecuted without the consent of the relevant Chamber, except in cases of arrest at the scene of a crime or the commission of a grave or especially grave crime.
2. In order to obtain consent to bring a deputy to criminal responsibility, detention, detention, house arrest, detention or the application of administrative penalties imposed by court, the Prosecutor General submits a submission to the Senate or the Mazhilis, which is sent by the Chambers to the Central Election Commission to prepare its consideration at a meeting of the relevant Chamber. The submission is made before familiarizing the deputy with the decision on the qualification of the suspect's actions, before arrest, applying to the court for authorization of his detention, house arrest, summoning, as well as sending the case of an administrative offense to court.
The submission of the Prosecutor General and the conclusion of the Central Election Commission are considered no later than two weeks from the date of their receipt, and the Chamber has the right to require the relevant officials to provide additional information. The Chamber shall adopt a reasoned decision and, within three working days, forward it to the Prosecutor General and the head of the State body of the Republic conducting the inquiry and preliminary investigation. A deputy has the right to participate in the consideration by the Chamber of the issue of his inviolability.
3. After registration of the reason for the start of the pre-trial investigation in the Unified Register of Pre-Trial Investigations, the pre-trial investigation may be continued only with the consent of the Prosecutor General. In cases where a member of Parliament is detained at the scene of a crime or the fact of preparation or attempted commission of a grave or especially grave crime has been established, or he has committed a grave or especially grave crime, the pre-trial investigation against him may be continued until the consent of the Prosecutor General is obtained, but with mandatory notification within 24 hours. Supervision over the observance of legality during the investigation of the case is carried out by the Prosecutor General.
4. The Central Election Commission shall request information from the relevant court that made the decision on the case on the results of the consideration of the case against a member of Parliament and, if his conviction comes into force, submit a submission to the relevant Chamber on the deprivation of his deputy's mandate.
Constitutional Law of the Republic of Kazakhstan dated October 16, 1995 No. 2529.
This Constitutional Law, in accordance with the Constitution of the Republic of Kazakhstan, defines the organization and activities of the Parliament of the Republic of Kazakhstan and the legal status of its deputies.
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