Article 62. Head of the body of inquiry of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. The powers of the head of the body of inquiry in the course of a pre-trial investigation in cases of criminal offenses provided for in Article 191 of this Code, within the limits of their competence, shall be vested in the head of the Main Directorate (department), department, department (branch) of the body of inquiry and their deputies.
2. The head of the body of inquiry shall organize the necessary operational-investigative, criminal-procedural, including secret investigative actions, in order to detect signs of criminal offenses and the persons who committed them, to prevent and suppress criminal offenses. In accordance with the procedure established by this Code, it submits the results of operational search activities and secret investigative actions to the pre-trial investigation body.
3. In cases of criminal offenses under investigation by the preliminary investigation bodies, the head of the body of inquiry:
1) ensures that urgent investigative actions are carried out;
2) organizes the execution of instructions from the prosecutor, the head of the investigative department, and the investigator, including on the conduct of certain investigative and other actions and the application of protective measures for victims, witnesses, and other persons involved in criminal proceedings;
3) organizes the execution of court orders.
If the head of the body of inquiry does not agree with the procedural decisions, actions (inaction) of the prosecutor, he has the right to appeal them to a higher prosecutor.
4. In cases of criminal offenses, the pre-trial investigation of which is carried out by the bodies of inquiry, the head of the body of inquiry controls the timeliness and legality of the actions of the interrogators and has the right:
1) to check the cases under their jurisdiction;
2) give instructions on the conduct of certain investigative and other procedural actions, the qualification of the suspect's act, the transfer of the case, materials from one investigator to another;
2-1) to give instructions on conducting a parallel financial investigation; Note from <url>! Part 4 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 inquiry to several interrogators;
4) initiate a pre-trial investigation and personally conduct an inquiry, while accepting the case for its own production or performing separate procedural actions;
5) consider complaints about the actions (inaction) and decisions of the investigator;
6) apply to the prosecutor to file a motion against the decision of the investigating judge.
5. The head of the body of inquiry shall coordinate decisions on initiating a petition for the seizure of property, declaring an international search, sending a suspect or accused not in custody to a medical organization for inpatient forensic medical or forensic psychiatric examination, choosing a preventive measure in the form of detention in relation to the suspect or accused, extending period of detention; modification or cancellation of a preventive measure in the form of detention; conducting a search; removal of the suspect or accused from office; prohibition on approaching; transfer of the suspect or accused; announcement of the search for the suspect or accused; approves the protocol on criminal misconduct; approves the protocol on the detention of persons suspected of committing criminal offenses, the decision to terminate the pre-trial investigation; approves the report on the completion of the pre-trial investigation, the protocol of the accelerated pre-trial investigation, the protocol of the prosecution and directs the criminal case to the prosecutor.; directs criminal cases on criminal offenses to the prosecutor in protocol form and in the order of writ proceedings; coordinates decisions on the application of writ proceedings and sends them to the prosecutor; ensures that measures are taken to eliminate the circumstances that contributed to the commission of criminal offenses.
In the cases provided for by this Code, the head of the body of inquiry shall notify the prosecutor of the establishment of circumstances allowing for the conclusion of a procedural agreement.
In the presence of the grounds provided for by this Code, the head of the body of inquiry applies writ proceedings.
The footnote. Part Five - 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 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).
6. The instructions of the head of the body of inquiry in the case may not limit the independence of the inquirer, his rights established by Article 63 of this Code. The instructions are given in writing and are binding, but may be appealed to the prosecutor. An appeal by an inquirer against the actions (inaction) of the head of the body of inquiry to the prosecutor does not suspend their execution, except in the case provided for in part six of Article 63 of this Code.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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