Article 518. The end of the preliminary investigation CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 518. The end of the preliminary investigation CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. Upon completion of the preliminary investigation, the person conducting the pre-trial investigation issues a resolution.:

1) termination of proceedings in the cases provided for in Article 35 and part five of Article 288 of this Code, as well as when painful mental disorders are not associated with danger to oneself or other persons or possible infliction of other serious harm.;

2) on sending the case to court for the application of compulsory medical measures.

2. The person conducting the pre-trial investigation notifies the person against whom the preliminary investigation was conducted about the termination of the case or the referral of the case to the court, if this person is mentally capable of participating in investigative actions, his legal representative and defender, as well as the victim. The person conducting the pre-trial investigation explains to the named participants in the process their right to review the case materials and informs them where and when they will be able to use this right. The procedure for reviewing the case, applying for and resolving petitions to supplement the investigation is determined by Articles 295 to 297 of this Code.

3. The decision to terminate the case is made in accordance with the rules of Article 288 of this Code. The decision to send the case to court for the application of compulsory medical measures must set out the circumstances specified in Article 510 of this Code and established in the case; the grounds for the application of compulsory medical measures; the arguments of the defender and other persons challenging the grounds for the application of compulsory medical measures, if any.

4. The appendix to the resolution on the referral of the case to the court is drawn up according to the rules of the third part of Article 299 of this Code.

5. The person conducting the pre-trial investigation submits the case to the prosecutor, who, after examining the case, makes one of the following decisions.:

1) submits the case to the court for the application of compulsory medical measures;

2) returns the case for additional investigation;

3) terminates the case in the cases provided for in paragraph 1) the first part of this article.

6. A copy of the decision to terminate the case or to send the case to court for the application of a compulsory medical measure shall be sent to the participants in the process and handed over to the person against whom the proceedings are being conducted and his legal representative.

The footnote. Article 518 as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (for the procedure of entry into force, see art. 2).

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Republic of Kazakhstan

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