Article 60. Investigator of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 60. Investigator of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. Investigator is an official authorized to carry out a pre–trial investigation of a criminal case within the limits of his competence: an investigator of internal affairs bodies, an investigator of national security bodies, an investigator of the anti-corruption service and an investigator of the economic investigation service, as well as a prosecutor in cases provided for by this Code.

2. The investigator has the right, by his decision, to accept the case for his own production, to carry out a preliminary investigation on it and to carry out all investigative actions provided for by this Code.

3. The investigator is obliged to take all measures for a comprehensive, complete and objective investigation of the circumstances of the case, to carry out criminal prosecution of a person against whom sufficient evidence has been collected indicating that he has committed a criminal offense, by qualifying the suspect's act, choosing a preventive measure in accordance with this Code, and compiling a report on the completion of the pre-trial investigation outlining the circumstances. a criminal offense, a description of the evidence collected.

In the cases provided for by this Code, the investigator shall notify the prosecutor of the establishment of circumstances allowing for the conclusion of a procedural agreement. If there are grounds provided for by this Code, the investigator applies writ proceedings.

The footnote. Part Three, 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 of special 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).

4. In order to ensure the execution of a sentence in respect of a civil claim, other property penalties, or possible confiscation of property, the investigator is obliged to take measures to identify the property of the suspect or persons legally responsible for his actions.

5. When conducting a criminal investigation, the investigator is obliged to conduct a parallel financial investigation in a timely and high-quality manner. IZPI's note! Part 5 is provided for in the wording of the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective from 01/01/2027).

5. When conducting an investigation in criminal cases, the investigator is also obliged to take measures to identify property obtained by criminal means or acquired with funds obtained by criminal means, transferred to the ownership of other persons - valid until 01.01.2027.

6. The investigator has the right at any time by his decision to accept the case for production and begin its investigation, without waiting for the bodies of inquiry to carry out urgent investigative actions.

7. The investigator makes all decisions during the pre-trial investigation independently, except in cases where the law provides for obtaining the consent of the prosecutor, court approval or court decision, and bears full responsibility for their lawful and timely execution. Illegal interference in the activities of an investigator entails criminal liability.

A decision on a criminal case made by an investigator within the limits of his authority, as well as instructions and instructions during the pre-trial investigation of a criminal case, are subject to mandatory execution by all organizations, officials and citizens.

8. If the investigator does not agree with the procedural decisions, actions (inaction) of the prosecutor in the case under investigation, he has the right to appeal them to a higher prosecutor.

The appeal of procedural decisions, actions (inaction) of the prosecutor to a higher prosecutor does not suspend their execution.

9. In cases under investigation by him, the investigator has the right to get acquainted with the materials of operational accounting cases and secret investigative actions of the bodies of inquiry related to the case under investigation, request them to be attached to the case in accordance with the procedure established by this Code, give the bodies of inquiry binding instructions and instructions on the conduct of investigative, investigative and secret investigative actions and require them assistance in conducting investigative actions.

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

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