Article 549. Pre-trial investigation against the Chairman or judge of the Constitutional Court of the Republic of Kazakhstan CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. After registration of the reason for the start of a pre-trial investigation in the Unified Register, a pre-trial investigation against the Chairman or 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 or a 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 mandatory notification in during the day.
The preliminary investigation of cases against the Chairman or 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 suspect's act by the Chairman or judge of the Constitutional Court of the Republic of Kazakhstan is made by the Prosecutor General of the Republic of Kazakhstan.
3. During his term of office, the Chairman or judge of the Constitutional Court of the Republic of Kazakhstan may not be detained, except in cases of arrest at the scene of a crime or commission of grave or especially grave crimes, held in custody, subjected to house arrest, summon, or brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan or the Kurultai of the Republic of Kazakhstan, respectively.
4. In order to obtain consent to bring the Chairman 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 President of the Republic of Kazakhstan.
In order to obtain consent to bring a 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 Kurultai of the Republic of Kazakhstan.
The submission is made before presenting to the Chairman or 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 or judge of the Constitutional Court of the Republic of Kazakhstan suspected of committing a crime is resolved by the 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 the decision of the President of the Republic of Kazakhstan or the Kurultai 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.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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