Article 537. Participation of the legal representative of a minor suspect accused in pre-trial proceedings CPC RK Code of Criminal Procedure of the Republic of Kazakhstan

Home / RLA / Article 537. Participation of the legal representative of a minor suspect accused in pre-trial proceedings CPC RK Code of Criminal Procedure of the Republic of Kazakhstan

1. If a minor suspect or accused has parents or other legal representatives, their participation in the case is mandatory. Legal representatives may be either one or both parents of a minor. Parents and other close relatives participating in the case as defenders cannot simultaneously participate as legal representatives of a minor. In their absence, the participation of a representative of the guardianship authority is mandatory.

2. A legal representative, or in his absence, a representative of the guardianship and guardianship authority, is allowed to participate in the case by an investigator's decision from the moment the minor is first questioned as a suspect. If the legal representative is allowed to participate in the case, and in his absence, the representative of the guardianship and guardianship authority, the rights specified in part three of this article are explained.

3. A legal representative has the right: to know what the minor is suspected of; to be present when reviewing the decisions on recognition as a suspect, the qualification of the suspect's act, the indictment drawn up by the prosecutor, to participate in the interrogation of the minor, as well as with the permission of the person conducting the pre–trial proceedings, in other investigative actions carried out with the participation of the minor suspect and His protector; to get acquainted with the protocols of investigative actions in which he took part, and to make written comments on the correctness and completeness of the entries made in them; to file petitions and challenges, to bring complaints about the actions and decisions of the investigator and the prosecutor; to present evidence; at the end of the investigation, to get acquainted with all the case materials, to extract any information from it and in any case to make copies of documents, including with the help of scientific and technical means, with the exception of information containing state secrets and other legally protected secrets.

4. The person conducting the pre-trial investigation has the right, at the end of the pre-trial proceedings, to make a decision not to disclose to the minor those materials that may have a negative impact on him, but to familiarize his legal representative and defense attorney with these materials.

5. A legal representative may be removed from participation in a case if there are grounds to believe that his actions harm the interests of a minor or are aimed at obstructing an objective investigation of the case or at the request of a legal representative. The person conducting the pre-trial investigation issues a reasoned decision on this. Another legal representative of the minor may be allowed to participate in the case.

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