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Home / RLA / Article 516. Participation of a legal representative of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Article 516. Participation of a legal representative of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 516. Participation of a legal representative of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. A close relative of a person in respect of whom proceedings on the application of compulsory medical measures are being conducted, or another person, is recognized as the legal representative of this person and is involved in the case by order of the person conducting the pre-trial investigation, or the prosecutor, or by court order.

     2. The participation in court of the legal representative of the person against whom proceedings on the application of compulsory medical measures are being conducted is mandatory.

     3. The legal representative has the right to:

     1) to know which act, prohibited by criminal law, the person he represents is convicted of committing.;

     2) to file petitions and challenges;

     3) to present evidence;

     4) participate, with the permission of the person conducting the pre-trial investigation, in investigative actions conducted at his or her request or at the request of the defense attorney;

     5) get acquainted with the protocols of investigative actions in which he took part, and make written comments on the correctness and completeness of the entries made in them.;

     6) upon completion of the preliminary investigation, get acquainted with all the case materials, extract any information from it and 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.;

     7) receive a copy of the resolution on termination of the criminal case or referral of the case to the court for the application of compulsory medical measures;

     8) participate in court proceedings;

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

     10) appeal against court rulings and receive copies of the appealed decisions;

     11) to know about the complaints filed in the case, the prosecutor's petitions and protests brought and to file objections to them;

     12) participate in the judicial review of the filed complaints, prosecutor's petitions and protests.

     4. A protocol is drawn up on explaining the rights to the legal representative.

     The footnote. Article 516 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).

 

 

President    

Republic of Kazakhstan     

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