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Article 566. Consideration of the request (instructions, petitions)on the provision of legal assistance CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. The central body of the Republic of Kazakhstan or the body authorized to conduct communications, based on the results of consideration of a request (instruction, petition) for legal assistance, makes a decision regarding:
1) instructions for its execution to the body of pre-trial investigation, prosecutor's office or court;
2) the possibility of executing a request (instruction, petition) with the application of the norms of the procedural legislation of a foreign state;
3) postponement of execution of a request (order, petition), if this may interfere with criminal proceedings in the territory of the Republic of Kazakhstan;
4) refusal to execute a request (instruction, petition) on the grounds provided for in Article 569 of this Code;
5) the possibility of executing a request (instruction, petition) if the costs of such execution clearly exceed the harm caused by the criminal offense or clearly do not correspond to the gravity of the criminal offense, unless this contradicts the provisions of an international treaty of the Republic of Kazakhstan.
2. If a decision is made to satisfy the request (instruction, petition), the central body of the Republic of Kazakhstan or the body authorized to carry out communications shall forward the request (instruction, petition) to the competent authority of the Republic of Kazakhstan for execution. In cases stipulated by an international agreement, the central authority of the Republic of Kazakhstan also decides on the presence of a representative of the competent authority of the requesting party during the execution of a request (instruction, petition) for legal assistance.
3. Within the limits of his powers, the relevant prosecutor has the right to give instructions on ensuring proper, complete and timely execution of a request (instruction, petition) for legal assistance. The instructions given by the prosecutor are mandatory for execution by the relevant competent authority of the Republic of Kazakhstan.
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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