Article 38. Persons entitled to compensation for damage caused as a result of illegal actions of the body conducting criminal proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 38. Persons entitled to compensation for damage caused as a result of illegal actions of the body conducting criminal proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. The harm caused to a person as a result of unlawful detention, detention, house arrest, temporary suspension from office, placement in a special medical organization, conviction, or the use of compulsory medical measures is fully reimbursed from budgetary funds, regardless of the fault of the body conducting the criminal process.

2. The following persons have the right to compensation for damage caused as a result of the relevant illegal actions of the body conducting the criminal process:

1) the persons specified in the first part of Article 37 of this Code;

2) persons whose criminal case was subject to termination on the grounds provided for in paragraph 5) of the first part of Article 35 of this Code, if, despite the absence of circumstances provided for in the fourth part of Article 32 of this Code, the pre-trial investigation was not terminated from the moment the circumstances precluding criminal prosecution were revealed.;

3) persons against whom the criminal case should have been terminated on the grounds provided for in paragraphs 3) and 4) of the first part of Article 35 of this Code, but was not terminated from the moment the circumstances precluding criminal prosecution were revealed, and the criminal prosecution continued unlawfully despite the consent of such persons to terminate the criminal case.;

4) a person sentenced to arrest, deprivation of liberty, detained or held in custody in cases of a change in the qualification of the act to an article of the Criminal Code Of the Republic of Kazakhstan, which provides for liability for a less serious criminal offense, upon suspicion or accusation of which this Code does not allow detention or detention, or the imposition of a new, more lenient punishment under this article, or the exclusion from the sentence of part of the charge and the reduction of the penalty in connection with it., as well as in case of cancellation of an illegal court decision on the use of compulsory medical measures or compulsory educational measures. The term of arrest or imprisonment actually served is considered to have been served unlawfully to the extent that it exceeds the maximum amount of punishment in the form of arrest or imprisonment provided for in article The Criminal Code Of the Republic of Kazakhstan, according to which the act committed by the guilty person has been re-qualified;

5) a person who has been detained beyond the prescribed period without a legitimate reason, as well as unlawfully subjected to any other measures of procedural coercion during criminal proceedings;

6) a person in respect of whom secret investigative actions were carried out, subsequently recognized as illegal in court.

3. In the event of the death of a citizen, the right to compensation for damage in accordance with the established procedure passes to his heirs, and in terms of receiving pensions and benefits, the payment of which has been suspended, to those family members who belong to the circle of persons provided with survivor's benefits.

4. Harm is not subject to compensation to a person if it is proved that during the pre-trial investigation and judicial proceedings, through voluntary self-incrimination, he obstructed the establishment of the truth and thereby contributed to the onset of the consequences specified in the first part of this article.

5. The rules of this article, in the absence of the circumstances specified in paragraph 3) of its second part, do not apply to cases when the measures of procedural coercion applied against a person or a conviction are annulled or changed due to the issuance of acts of amnesty or pardon, the expiration of the statute of limitations, the adoption of a law eliminating criminal liability or mitigating punishment.

6. Other circumstances are not grounds for compensation for damage.

President

Republic of Kazakhstan

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