Article 565. The content and form of the request (instructions, petitions) for the provision of legal assistance CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 565. The content and form of the request (instructions, petitions) for the provision of legal assistance CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. A request (instruction, petition) for the provision of legal assistance must contain:

1) the name of the authority from which the request (instruction, petition) originates;

2) the name and address of the body to which the request (instruction, petition) is sent;

3) a reference to the relevant international treaty or compliance with the principles of reciprocity;

4) the name of the criminal case in respect of which legal assistance is requested;

5) a brief description of the criminal offense that is the subject of criminal proceedings and its legal qualification, setting out the full text of the relevant articles The Criminal Code Of the Republic of Kazakhstan, if necessary, data on the amount of damage caused by the act;

6) information about the reported suspicion, charge, and the full text of the relevant articles of the Criminal Code of the Republic of Kazakhstan;

7) information about the relevant person, in particular his surname, first name, patronymic (if any), procedural status, place of residence or stay, citizenship, for legal entities – their name and location, other information that may facilitate the execution of the request (instructions, petitions), as well as the relationship of this person with the subject of criminal proceedings;

8) a statement of the circumstances to be clarified, as well as a list of requested procedural actions, documents, physical and other evidence and justification of their connection with the subject of criminal proceedings;

9) information about the persons whose presence is considered necessary during the performance of procedural actions, and the justification for this need.

2. An extract of the relevant articles of this Code, certified by the competent authority, shall be attached to the request (instruction, petition) for the interrogation of a person as a witness, victim, expert, suspect or accused in order to clarify to the person his procedural rights and obligations. The request (instruction, petition) is also accompanied by a list of questions to be put to the person or information to be received from the person.

3. The request (instruction, petition) for the production of procedural actions requiring the sanction of an investigating judge (court) in accordance with this Code, or the confiscation of property, shall be accompanied by originals or certified copies of reasoned decisions of the competent authority on their production.

4. The request (order, petition) for legal assistance in the form of confiscation additionally contains information about the property that is located in the territory of the Republic of Kazakhstan and is subject to confiscation, as well as information about the owner, the owner of this property, including information about the date and place of their birth, nationality, occupation, place of residence or place of stay, and for legal entities – their name and location.

The request (order, petition) for legal assistance in the form of confiscation may contain other information, including telephone numbers, fax numbers, and e-mail addresses, if they are necessary for the correct and timely consideration of the request (order, petition) for legal assistance.

5. The request (order, petition) for legal assistance in the form of confiscation shall be accompanied by the documents provided for by the international treaty of the Republic of Kazakhstan, and if this is not provided for by the international treaty of the Republic of Kazakhstan, the following documents shall be attached:

1) a copy certified by a foreign court of a verdict, resolution or other court decision of a foreign state, which provides for the confiscation of property located on the territory of the Republic of Kazakhstan, as well as evidence of their entry into force;

2) evidence confirming the presence of property subject to confiscation in the territory of the Republic of Kazakhstan;

3) translation of the documents specified in paragraphs 1) and 2) of this part in Kazakh and Russian languages.

The footnote. Article 565 as amended by the Laws of the Republic of Kazakhstan dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication); dated 12.07.2023 No. 23-VIII (effective after ten calendar days after the date of its first official publication).

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Republic of Kazakhstan

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