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Home / Codes / Article 598. Procedure and conditions for accepting criminal proceedings from foreign states CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Article 598. Procedure and conditions for accepting criminal proceedings from foreign states CPC RK Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 598. Procedure and conditions for accepting criminal proceedings from foreign states CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. A request from a competent institution of a foreign state to continue criminal prosecution against a person who has committed a crime on the territory of a foreign state and is located in the Republic of Kazakhstan shall be considered by the Prosecutor General of the Republic of Kazakhstan or an authorized prosecutor.

     2. Acceptance of criminal proceedings from a competent institution of a foreign state is carried out under the following conditions:

     1) the person being held criminally liable is a citizen of the Republic of Kazakhstan and is located on its territory;

     2) the person being held criminally liable is a foreigner or a stateless person and is located on the territory of the Republic of Kazakhstan, and his extradition in accordance with this Code or an international treaty of the Republic of Kazakhstan is impossible or his extradition is refused;

     3) the requesting party has provided guarantees that, if convicted in the Republic of Kazakhstan, the person being prosecuted will not be prosecuted in the requesting party for the same crime.;

     4) the act indicated in the request is a crime under the criminal law of the Republic of Kazakhstan.

     3. In case of satisfaction of the request for criminal prosecution, the Prosecutor General's Office of the Republic of Kazakhstan, in accordance with the procedure provided for by this Code, entrusts the pre-trial investigation to the relevant competent authority, which it informs the requesting party.

 

 

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