Article 59. Head of the Investigative Department of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

 1. The head of the investigative department is the head of the investigative unit of the body conducting the pre–trial investigation and his deputies acting within their competence.

     2. The Head of the Investigative Department is authorized:

     1) to entrust the conduct of an investigation or an expedited pre-trial investigation to an investigator;

     2) to monitor the timeliness of the investigator's investigative actions in cases under his jurisdiction, the investigator's compliance with the terms of investigation and detention, the execution of instructions from the prosecutor, instructions from other investigators;

     2-1) to monitor the timely and high-quality conduct of a parallel financial investigation by the investigator; Note from <url>!           Part 2 is provided to be supplemented by paragraph 2-1) in accordance with the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective from 01/01/2027).

     3) assign the investigation to several investigators;

     4) to remove the investigator from the proceedings on the case;

     5) to study criminal cases and give instructions on them;

     6) within the limits of its competence, withdraw a criminal case from one investigative unit of the body subordinate to it that carries out the preliminary investigation and transfer it to another investigative unit of this or another body subordinate to it that carries out the preliminary investigation;

     7) to send to the prosecutor criminal cases with a report on the completion of the pre-trial investigation, the protocol of the accelerated pre-trial investigation, as well as criminal cases completed in the order proceedings;

     The footnote. Paragraph 7) of Part two - as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (regarding the preparation by the person conducting the pre-trial investigation of a report on the completion of the pre-trial investigation, the preparation by the prosecutor of the indictment and the recognition of the person as an accused from the moment the prosecutor draws up the indictment, which are effective: from January 1, 2022 in relation to cases particularly serious crimes investigated by investigators of the internal affairs bodies, the anti-corruption service and the Economic investigation Service, including those connected with cases of other criminal offenses;      from January 1, 2023, in relation to cases of corruption crimes provided for in paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those connected with cases of other criminal offenses; from January 1, 2026, in relation to cases of other criminal offenses completed in the form of a preliminary investigation).

     8) apply to the prosecutor with a request to cancel the unjustified procedural decision of the investigator;

     8-1) apply to the prosecutor to file a motion against the decision of the investigating judge;

     9) to give binding instructions and instructions to the bodies of inquiry within the limits of their competence;

     10) consider complaints about the actions (inaction) and decisions of the investigator.

     3. The head of the investigative department has the right, by his decision, to accept cases for his own production and personally conduct an investigation, using the powers of the investigator.

     4. The instructions of the head of the investigative department in the case may not limit the independence of the investigator, his rights established by Article 60 of this Code. The instructions are binding, but may be appealed to a higher head of the investigative department or a prosecutor. An investigator's appeal against the actions of the head of the investigative department does not suspend their execution, except for instructions on the qualification of the suspect's act and the extent of suspicion, sending the criminal case to the prosecutor with a report on the completion of the pre-trial investigation or termination of the criminal case.

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

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