Article 44. Allocation of a criminal case to the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. A court or a criminal prosecution body may separate another criminal case from a criminal case into separate proceedings in respect of:
1) individual suspects or accused, when the grounds for a closed trial related to the protection of state secrets relate to them, but do not relate to the rest of the suspects, accused;
2) a minor suspect or accused brought to criminal responsibility together with adults;
3) individual unidentified persons subject to criminal liability, as well as in other cases provided for in Article 45 of this Code;
4) the suspect, the accused, the defendant, with whom the prosecutor concluded a procedural agreement on cooperation.
2. In the case of an investigation of a multi-episode criminal case, in which the terms of the pre-trial investigation or detention expire, the investigator, the inquirer, the body of inquiry, recognizing that the investigation was conducted comprehensively, fully and objectively regarding suspicion, has the right to separate part of the case into separate proceedings for sending it to court, if this does not interfere with the investigation and consideration the rest of the business.
3. If information about actions containing signs of criminal offenses unrelated to the case under investigation is received in a criminal case, all materials about them must be immediately allocated for the start of a new pre-trial investigation in accordance with the procedure provided for by this Code.
4. The allocation of criminal cases is allowed if this does not affect the comprehensiveness, completeness and objectivity of the investigation of the circumstances and resolution of the case.
5. The allocation of a case is carried out on the basis of a resolution of the body conducting the criminal proceedings. A copy of the decision issued by the criminal prosecution authority is sent to the prosecutor within twenty-four hours. The resolution must be accompanied by a list of materials provided in originals or copies.
6. The time limit for proceedings in a separate case is calculated from the date of registration of the application, notification of a criminal offense in the Unified Register of Pre-Trial Investigations of a new criminal offense. In all other cases, the time limit is calculated from the beginning of the pre-trial investigation in the main criminal case.
President
Republic of Kazakhstan
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