Article 47. Maintaining confidentiality of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. In the course of criminal proceedings, measures provided for by this Code and other legislation are taken to protect the information received that constitutes state secrets and other legally protected secrets.

     2. Persons to whom the body conducting criminal proceedings proposes to disclose or provide information constituting state secrets or other legally protected secrets may not refuse to comply with this requirement with reference to the need to preserve state secrets or other legally protected secrets. The body conducting the criminal proceedings, prior to receiving the specified communications or information from a person, is obliged to make an entry in the protocol of the relevant procedural action and familiarize the person with it against signature about the need to receive the specified information from him solely for the criminal case and to preserve confidentiality in relation to the information received in accordance with the procedure provided for by law.

     3. The procedure for access of participants in criminal proceedings to information constituting state secrets is determined by legislation.

     4. If the materials of a criminal case considered by a court with the participation of jurors contain information constituting state secrets, the authorized state body in the field of judicial administration, by written order of the presiding judge, issues admission of jurors to state secrets in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     5. Evidence containing information constituting state secrets is examined in a closed court session.

     6. Evidence containing information constituting another legally protected secret, as well as revealing intimate aspects of private life, may be examined in a closed court session at the request of persons who are at risk of disclosing such information.

     7. Damage caused to a person as a result of violation of privacy, disclosure of personal or family secrets, is subject to compensation in accordance with the procedure provided for by law.

     8. The procedure for maintaining confidentiality of pre-trial investigation data is determined by Article 201 of this Code.

     9. Copies of procedural documents from the case, which contain information constituting state secrets or other legally protected secrets, to be handed over to participants in the criminal process, after familiarization with them, are kept in the case and handed over to participants in the criminal process for the duration of the court session.

     10. The court, referring in the verdict or resolution to the case materials containing state secrets and other legally protected secrets, does not disclose their contents.

President    

Republic of Kazakhstan     

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