Article 39. The right to compensation for harm and the time limits for filing claims of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. Having made a decision on the full or partial rehabilitation of a person, the body conducting the criminal proceedings must recognize his right to compensation for harm. A copy of the acquittal verdict or the decision to terminate the pre-trial investigation, to cancel or amend other illegal decisions, is handed over or sent to the person concerned by mail. At the same time, a notice is sent to him explaining the procedure and deadlines for submitting claims for damages. In the absence of information about the place of residence of the heirs, relatives or dependents of the deceased person entitled to compensation for damage, the notification is sent to them no later than five days from the date of their application to the body conducting the criminal proceedings.
2. The persons specified in parts two and three of Article 38 of this Code have the right to full compensation for property damage, elimination of the consequences of moral damage and restoration of labor, pension, housing and other rights. Persons deprived by a court verdict of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, as well as state awards, the rank, class rank, diplomatic rank, qualification class are restored, and state awards are returned.
3. Claims for compensation for damage caused by illegal actions of the body conducting criminal proceedings, in accordance with the procedure provided for in this chapter, may be filed within six months from the date of receipt of a notice explaining the procedure for restoring rights. If this period is missed for a valid reason, it may be restored by the court at the request of the persons concerned.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
