Article 58. Prosecutor CPC RK Criminal Procedure Code of the Republic of Kazakhstan

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1. Prosecutor – an official exercising, within the limits of his competence, supervision over the legality of operational investigative activities, inquiries, investigations and court decisions, as well as on behalf of the State, criminal prosecution at all stages of criminal proceedings and other powers in accordance with Article 83 of the Constitution of the Republic of Kazakhstan and this Code: Prosecutor General of the Republic of Kazakhstan, First Deputy, deputies The Prosecutor General of the Republic of Kazakhstan, their senior assistants and assistants, the first head of the Office of the Prosecutor's Office for asset recovery, his deputies, Chief Military and Chief Transport Prosecutors of the Republic of Kazakhstan, prosecutors of regions, cities of republican significance, the capital and their deputies, heads of structural divisions, their deputies, senior assistants and assistants, senior prosecutors and prosecutors of departments and departments, military prosecutors of regions and garrisons, regional transport prosecutors, prosecutors of districts, cities and equivalent prosecutors, their deputies, senior prosecutors and prosecutors acting in accordance with the powers established by this Code. The prosecutor involved in the consideration of a criminal case by the court represents the interests of the State by maintaining the prosecution and is the public prosecutor.

2. The prosecutor has the right to file a claim in defense of the interests of the suspect, the accused, the defendant or the person who bears property responsibility for their actions.:

1) a victim who is unable to independently exercise the right to file and defend a claim, due to his helpless condition, dependence on the suspect, the accused, the defendant, or for other reasons;

2) States.

3. If there are grounds and in accordance with the procedure provided for by this Code, the prosecutor may, by his decision, accept cases for his own proceedings and personally conduct an investigation, while exercising the powers of the investigator. Supervision of the legality of the pre-trial investigation is carried out by an authorized prosecutor.

4. The powers of the prosecutor during the pre-trial investigation and consideration of the case by the court are determined by articles 158 (part eight), 165 (part eight), 186 (parts two and three), 187 (part eight), 190 (part seven), 192, 192-2 (parts six and seven), 193, 194 (part three), 195 (part five), 196 (part two), 202, 203, 234 (parts two, three and four), 290, 301, 302, 302-1, 303, 304 and 305, 321 (part six), 337, 414 (part two), 428 (part six), 429 (part seven), 478 (part five), 480 (part six), 484, 486, 494 (part five), 502 (part one), 518 (part five), chapters 57, 58, 59, 60, 61, 62, 63, articles 628 (part one), 643 (part eight), 668 (part six), as well as in other cases established by this Code.

5. In exercising his procedural powers, the prosecutor is independent and obeys only the law.

6. The Prosecutor General of the Republic of Kazakhstan, within the limits of his competence, shall adopt regulatory legal acts on the application of the norms of this Code, including on the conduct of criminal proceedings in electronic format.

The normative legal acts adopted by the Prosecutor General of the Republic of Kazakhstan within the limits of his competence are obligatory for execution by bodies of criminal prosecution.

Regulatory legal acts of the bodies conducting pre-trial investigation are adopted within their competence in coordination with the Prosecutor General of the Republic of Kazakhstan.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.

President

Republic of Kazakhstan

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