Article 45. Suspension of judicial proceedings in the case and interruption of the terms of the pre-trial investigation CPC RK Criminal Procedure Code of the Republic of Kazakhstan

    1. Criminal proceedings are suspended by a court order in the following cases::

   1) when the accused has absconded from the court or his place of residence has not been established for other reasons;

       2) temporary mental disorder or other serious illness of the defendant, certified in accordance with the procedure provided for by law;

         3) the defendant's stay outside the Republic of Kazakhstan;

       4) acts of force majeure temporarily preventing further criminal proceedings;

         5) performing procedural actions related to obtaining legal aid in accordance with the procedure provided for in Chapter 59 of this Code;

     6) the prosecutor considers the defendant's statement in court about obtaining evidence with the use of illegal actions or ill-treatment and appeals against his decision, if it is impossible to continue the main trial.

 2. The court is obliged to suspend the proceedings in full or in the appropriate part in the case of a court appeal to the Constitutional Court of the Republic of Kazakhstan with a submission to declare unconstitutional a law or other normative legal act to be applied in this criminal case that infringes on human and civil rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan.

     The court, at the request of the parties, is obliged to suspend the proceedings in full or in the relevant part, if the Constitutional Court of the Republic of Kazakhstan, on the initiative of another court, has accepted a motion to declare a law or other normative legal act to be applied in this criminal case unconstitutional.

     3. Criminal proceedings in court in whole or in part are suspended by a court order also if the private prosecutor in a private prosecution case is unable to prosecute in court due to his serious illness, being on a business trip outside the Republic of Kazakhstan or fulfilling a civic duty.

 4. The proceedings in a criminal case shall be suspended until the circumstances that served as the basis for its suspension disappear, and the time period for considering the case in court shall be interrupted. Upon their withdrawal, it is resumed by a court order.

   5. The suspension or resumption of proceedings in the case is reported to the participants in the process.

  6. A suspended case is subject to termination upon the expiration of the limitation period established by the criminal law, if there is no information about the interruption of the limitation period in the case.

       7. The terms of the pre-trial investigation are interrupted in the following cases::

           1) failure to identify the person who committed the criminal offense;

     2) the location of the suspect or accused outside the Republic of Kazakhstan;

     3) when the suspect or the accused has absconded from the criminal prosecution authorities or their place of residence has not been established for other reasons;

           4) temporary mental disorder or other serious illness of the suspect or accused, certified in accordance with the procedure provided for by law;

         5) performing procedural actions related to obtaining legal aid in accordance with the procedure provided for in Chapter 59 of this Code;

          6) non-detection of a missing person;

         7) the lack of a real possibility for the suspect or the accused to participate in the case in connection with the decision to revoke immunity from criminal prosecution or to extradite them by a foreign State.

         8) acts of force majeure temporarily preventing further criminal proceedings;

          9) appointment of an expert examination in a criminal case.

  7-1. The interruption of the pre-trial investigation period does not prevent the necessary investigative measures in accordance with the Law of the Republic of Kazakhstan "On Operational Investigative Activities" and secret investigative actions and the inclusion of their results in the materials of the criminal case.

    8. After the decision on the interruption of the pre-trial investigation has been issued, the person conducting the pre-trial investigation sends it to the prosecutor for approval within 24 hours.

    8-1. The prosecutor shall, within three days, approve a resolution on the interruption of the pre-trial investigation or, by a reasoned resolution, refuse to approve it and return it to the person conducting the pre-trial investigation, indicating the necessary investigative and procedural actions.

     If the prosecutor approves a decision to interrupt the pre-trial investigation period, the person conducting the pre-trial investigation shall notify the participants in the process.

     If it is necessary to demand and study the materials of a criminal case, the decision on approval or refusal of approval is made by the prosecutor within ten days.

   9. The interrupted terms of the pre-trial investigation shall be resumed by a decision of the person conducting the pre-trial investigation from the moment the circumstances that caused their interruption disappear, and the prosecutor shall be notified in writing.

     Note. Under the influence of force majeure, which prevents further criminal proceedings, emergency situations of a natural and man-made nature should be understood.

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  

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