Article 549. Pre-trial investigation against the Chairman, Deputy Chairman, judge of the Constitutional Court of the Republic of Kazakhstan CPC RK Criminal Procedure Code of the Republic of Kazakhstan

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Article 549. Pre-trial investigation against the Chairman, Deputy Chairman, judge of the Constitutional Court of the Republic of Kazakhstan CPC RK Criminal Procedure Code of the Republic of Kazakhstan

The footnote. Title of Article 549 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 157-VII (effective from 01.01.2023).

1. After registration of the reason for the start of the pre-trial investigation in the Unified Register, the pre-trial investigation against the Chairman, Deputy Chairman, judge of the Constitutional Court of the Republic of Kazakhstan may be continued only with the consent of the Prosecutor General of the Republic of Kazakhstan.

In cases where the Chairman, Deputy Chairman, judge of the Constitutional Court of the Republic of Kazakhstan is detained at the scene of a crime or the fact of preparation or attempted commission of a grave or especially grave crime has been established, or he has committed a grave or especially grave crime, the pre-trial investigation against him may be continued until the consent of the Prosecutor General of the Republic of Kazakhstan is obtained, but with the mandatory by notification within 24 hours.

The preliminary investigation of cases against the Chairman, Deputy Chairman, and judge of the Constitutional Court of the Republic of Kazakhstan is mandatory.

The Prosecutor General of the Republic of Kazakhstan, within two days after receiving the notification, examines the legality of the procedural actions performed and agrees to continue the pre-trial investigation with a decision on this, or refuses to do so with the termination of the pre-trial investigation. If the pre-trial investigation is continued unlawfully before obtaining the consent of the Prosecutor General of the Republic of Kazakhstan, its results cannot be admitted as evidence in a criminal case.

2. The decision on the qualification of the act of the suspected Chairman, Deputy Chairman, judge of the Constitutional Court of the Republic of Kazakhstan is made by the Prosecutor General of the Republic of Kazakhstan.

3. The Chairman, Deputy Chairman, and judge of the Constitutional Court of the Republic of Kazakhstan may not be detained, detained, house arrested, or brought to criminal responsibility during their term of office without the consent of the Parliament of the Republic of Kazakhstan to be deprived of their immunity, except in cases of arrest at the scene of a crime or the commission of grave or especially grave crimes.

4. In order to obtain consent to bring the Chairman, Deputy Chairman, and judge of the Constitutional Court of the Republic of Kazakhstan to criminal responsibility, detention, detention, house arrest, and summons, the Prosecutor General of the Republic of Kazakhstan submits a submission to the Parliament of the Republic of Kazakhstan. The submission is made before presenting to the Chairman, Deputy Chairman, judge of the Constitutional Court of the Republic of Kazakhstan a resolution on the qualification of the suspect's act, submitting to the court a petition for authorizing a preventive measure in the form of detention, house arrest, deciding on the need for detention, forcibly bringing him to the pre-trial investigation body.

5. The issue of authorizing a preventive measure in the form of detention or house arrest of the Chairman, Deputy Chairman, or judge of the Constitutional Court of the Republic of Kazakhstan suspected of committing a crime is resolved by an investigating judge of the specialized interdistrict investigative court of the capital on the basis of a resolution of the person conducting the pre-trial investigation, supported by the Prosecutor General of the Republic of Kazakhstan. A petition for an extension of the period of detention or house arrest in respect of these persons in accordance with the procedure provided for by this Code may be sent to court only if it is supported by the Prosecutor General of the Republic of Kazakhstan.

6. After the Prosecutor General of the Republic of Kazakhstan receives a decision of the Parliament of the Republic of Kazakhstan, further proceedings on the case shall be conducted in accordance with the procedure established by parts six, seven, eight, nine, ten and eleven of Article 547 of this Code.

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