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Home / RLA / Article 550. Pre-trial investigation against a judge of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Article 550. Pre-trial investigation against a judge of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 550. Pre-trial investigation against a judge of the Criminal Procedure Code of the Republic of Kazakhstan 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 a judge may be continued only with the consent of the Prosecutor General of the Republic of Kazakhstan.

     In cases where a judge 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 within 24 hours.

     The conduct of a preliminary investigation in cases against a judge 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 a suspected judge is made by the Prosecutor General of the Republic of Kazakhstan.

     3. A judge may not be detained, detained, house arrested, brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan based on the conclusion of the Supreme Judicial Council of the Republic of Kazakhstan, or in the case provided for in subparagraph 3) Articles 55 According to the Constitution of the Republic of Kazakhstan, – without the consent of the Senate of the Parliament of the Republic of Kazakhstan to be deprived of immunity, except in cases of arrest at the scene of a crime or commission of grave or especially grave crimes.

     4. In order to obtain consent to bring a judge 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, and in the case provided for in subparagraph 3) Articles 55 To the Constitution of the Republic of Kazakhstan, to the Senate of the Parliament of the Republic of Kazakhstan. The submission is made before presenting to the judge a decision 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, or forcibly bringing the judge to the pre-trial investigation body.

     5. The issue of authorizing a preventive measure in the form of detention or house arrest of a judge 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 decision 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 a judge 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 and the Senate 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.

 

 

 

President    

Republic of Kazakhstan     

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