Article 56. General conditions for the exercise of powers by an investigating judge CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The investigating judge shall exercise his powers in accordance with the rules of this article and the specifics provided for in the relevant articles of this Code.

     2. The investigating judge considers issues within his competence individually without holding a court session.

     If it is necessary to investigate circumstances relevant to making a lawful and reasonable decision, or there is a request from the prosecutor or the defense, the investigating judge resolves the issue of holding a court session with the participation of the relevant persons and the prosecutor.

     When considering the issues specified in paragraphs 1), 2), 5) and 6) of Part one, paragraphs 2) and 3) of part two of Article 55 of this Code, a court hearing is mandatory.

     At the request of the defense party or the victim's representative, the appointment of a court session to consider the issue referred to in paragraph 1) of part two of Article 55 of this Code is mandatory if it is necessary for the investigating judge to hear persons whose actions (inaction), the decision of which is appealed by the defense party, the victim's representative, except for complaints filed repeatedly on the same a question that contains no new arguments.

     If a court session is scheduled, the defense party, the victim's representative and the prosecutor are notified in advance of its time and place.

     By order of the investigating judge, the court session may be held via video link. A protocol is kept during the court session.

     3. The investigating judge has the right:

     1) require the body conducting the pre-trial proceedings to provide additional information on the issue under consideration.;

     2) to get acquainted with all the materials of the relevant pre-trial proceedings and to examine them;

     3) to summon the participants of the process to the court session and receive from them the necessary information on the criminal case.

     4. The investigating judge must not prejudge issues that, in accordance with this Code, may be the subject of judicial review when resolving the case on its merits, give instructions on the direction of the investigation and the conduct of investigative actions, except in the cases provided for in paragraph 7) of the second part of Article 55 of this Code, to take actions and make decisions instead of persons conducting pre-trial proceedings., and the supervising prosecutor, as well as the court considering the case on its merits.

     5. If a suspect claims to have been subjected to torture and other illegal acts or if there are signs of violence, the investigating judge must instruct the supervising prosecutor to immediately verify these facts.

     6. When establishing the facts of illegal restrictions or other violations of human rights and freedoms, legally protected interests of organizations, the investigating judge issues a private ruling to resolve the issue of liability of persons who committed violations of the law.

President    

Republic of Kazakhstan     

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