Article 515. The rights of a person who is being investigated for the use of compulsory medical measures CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 515. The rights of a person who is being investigated for the use of compulsory medical measures CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. A person against whom a case on the application of compulsory medical measures is being conducted has the right, if, according to the conclusion of a forensic psychiatric examination, the nature and severity of his illness does not prevent this.:

1) to know what act he is being convicted of;

2) give explanations;

3) to present evidence;

4) to file petitions and challenges;

5) explain themselves in their native language or the language they speak;

6) use the free help of a translator;

7) have a lawyer and meet with him privately and confidentially;

8) participate, with the permission of the investigator, in investigative actions carried out at his or her request or at the request of his or her counsel;

9) get acquainted with the protocols of these actions and submit comments on them;

10) get acquainted with the resolution on the appointment of an expert examination and the expert's conclusion;

11) at the end of the preliminary investigation, get acquainted with all the case materials and extract any information from it in any volume, make copies of documents, including using scientific and technical means, with the exception of information containing state secrets and other legally protected secrets;

12) bring complaints against the actions and decisions of the person conducting the pre-trial proceedings, the prosecutor and the court;

13) obtain a copy of the resolution on termination of the criminal case or referral of the case to court for the application of compulsory medical measures.

In the judicial proceedings of a case, the specified person has the right to participate in the examination of evidence and judicial debates; to get acquainted with the minutes of the court session and submit comments on it; to appeal court decisions and receive copies of the appealed decisions; to know about the complaints filed in the case, the prosecutor's petitions and protests and to file objections to them; to participate in the judicial review of the complaints, prosecutor's petitions, protests.

2. The investigator is obliged to explain the rights to the person indicated in the first part of this article and to hand over their list in writing. A note on the clarification of rights in court proceedings is made in the minutes of the court session.

The footnote. Article 515 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 No. 91-VI (effective ten calendar days after the date of its first official publication).

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Republic of Kazakhstan

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