Article 527. Procedure for drawing up the protocol of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. A protocol is drawn up on the circumstances of a criminal offense committed against a suspect, which indicates: the time and place of its compilation, by whom the protocol was drawn up, information about the identity of the suspect, the place and time of the commission of the criminal offense, the event, its methods, motives, consequences and other significant circumstances, factual data confirming the existence of a criminal offense and the guilt of the offender, signs of the composition of the criminal offense provided for A special part of the Criminal Code is information about the victim, the nature and extent of the damage caused to him.

     1-1. The protocol also specifies:

     1) surnames, first names, patronymics (if any), addresses of witnesses and victims, if any;

     2) scientific and technical means and electronic media, if they were used for recording or if traces of a criminal offense are recorded on them.

     1-2. The protocol on a criminal offense may reflect the decisions of the person conducting the pre-trial investigation on determining the language of the proceedings, choosing the format of criminal proceedings, involving a defense lawyer, an interpreter, including explaining their rights and obligations, recognizing objects, documents and other property as material evidence and attaching it to the case, establishing procedural costs, recognition as a civil plaintiff, as well as a statement of refusal from the services of a defender.

     Documents confirming the commission of a criminal offense are also attached to the protocol on a criminal offense.

     2. A person conducting a pre-trial investigation has the right to carry out only those investigative and other procedural actions, the results of which record traces of a criminal offense and other evidence of the guilt of the suspect or the accused.

     The person conducting the pre-trial investigation has the right to limit himself to the evidence collected, if the established circumstances of the case are not disputed by the suspect and his defense counsel, the victim.

     When an inquiry or preliminary investigation is appointed in a case of a criminal offense in accordance with the procedure provided for in Article 189 of this Code, the pre-trial investigation shall be completed by drawing up a protocol on a criminal offense.

     If the qualification is changed from a crime to a criminal offense, the pre-trial investigation is completed by drawing up a protocol on criminal misconduct.

     3. The obligation to appear at the summons of the bodies of inquiry, the court and the notification to them about the change of residence may be taken away from the suspect, the accused, the defendant.

President    

Republic of Kazakhstan     

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