Article 55. Powers of the investigating judge CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. In the course of pre-trial proceedings, the investigating judge, in the cases provided for by this Code, considers the following issues::

     1) authorizing detention;

     2) authorizing house arrest;

     3) authorizing temporary suspension from office;

     4) authorizing a ban on approaching;

     5) authorizing an extradition arrest;

     5-1) authorizing the conduct of secret investigative actions, extending the duration of secret investigative actions;

     5-2) termination of secret investigative actions at the request of the prosecutor in the cases provided for in the third part of Article 234 of this Code.;

     6) extension of terms of detention, house arrest, and extradition arrest;

     7) authorizing the use of collateral;

     8) authorizing the seizure of property;

     9) forcibly placing a person who is not in custody in a medical organization for conducting forensic psychiatric and (or) forensic medical examinations;

     10) upon establishing the fact of mental illness, transfer a person who has previously been detained to a special medical organization providing psychiatric care adapted for keeping patients in strict isolation;

     11) exhumation of a corpse;

     12) the announcement of the international search for the suspect, the accused;

     13) authorizing the inspection;

     14) authorizing a search;

     15) authorization of excavation;

     16) authorizing a personal search;

     17) authorizing compulsory medical examination;

     18) authorizing the compulsory receipt of samples.

     2. In the cases provided for by this Code, the investigating judge:

     1) considers complaints about the actions (inaction) and decisions of the inquirer, the body of inquiry, the investigator and the prosecutor;

     2) considers the issue of the sale of material evidence that is subject to rapid deterioration or prolonged storage of which, until the resolution of the criminal case, essentially requires significant material costs.;

     3) deposits the testimony of the victim and witness during the pre-trial proceedings;

     4) imposes monetary penalties on persons who fail to perform or perform improperly procedural duties in pre-trial proceedings, with the exception of lawyers and prosecutors;

     5) considers the issue of recovery of procedural costs in a criminal case on the recommendation of the prosecutor;

     6) at the reasoned request of a lawyer participating as a defender, a representative of the victim, considers the issue of requesting and attaching to the criminal case any information, documents, objects relevant to the criminal case, with the exception of information constituting state secrets, in cases of refusal to execute the request or failure to take a decision on it within three days.;

     7) at the reasoned request of a lawyer participating as a defender, a representative of the victim, considers the issue of appointing an expert examination or conducting other investigative actions by the criminal prosecution body, with the exception of secret investigative actions, including if the criminal prosecution body unreasonably refused to satisfy such a request or no decision was taken on it within three days.;

     8) at the request of a lawyer participating as a defender, considers the issue of forcibly bringing to the body conducting the criminal trial a witness previously interviewed by him, ensuring the appearance of which is difficult to testify.;

     8-1) at the reasoned request of the pre-trial investigation body, consider extending the period for notifying a person of secret investigative actions carried out against him to one year.;

     8-2) at the reasoned request of the pre-trial investigation body, gives consent to the pre-trial investigation body not to inform the person about the secret investigative actions carried out against him;

     9) performs other powers stipulated by this Code.

     3. Excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI (for the procedure of entry into force, see art. 2).      

President    

Republic of Kazakhstan     

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