Article 629-3. The procedure for sending a resolution on the application of writ proceedings to the court of the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 629-3. The procedure for sending a resolution on the application of writ proceedings to the court of the Criminal Procedure Code of the Republic of Kazakhstan

1. In cases of criminal offenses and minor crimes, the decision on the application of writ proceedings issued by the person conducting the pre-trial investigation is subject to transfer to the head of the body of inquiry, who, having immediately studied the criminal case, makes one of the following decisions on it:

1) approves a resolution on the application of writ proceedings and directs the criminal case to the prosecutor;

2) refuses to approve the resolution on the application of writ proceedings and terminates the criminal case on the grounds provided for in Articles 35 and 36 of this Code.;

3) refuses to approve a resolution on the application of writ proceedings and returns the criminal case for inquiry or preliminary investigation.

The decision to refuse to approve a resolution on the application of writ proceedings must be motivated.

2. Excluded by the Law of the Republic of Kazakhstan dated 12/19/2020 No. 384-VI (effective ten calendar days after the date of its first official publication).

3. In cases of minor crimes, the decision on the application of writ proceedings issued by the investigator is subject to referral by the head of the investigative department to the prosecutor.

4. The prosecutor, having studied the criminal case, shall make one of the following decisions on it no later than twenty-four hours from the date of receipt of the case.:

1) approves the decision on the application of writ proceedings, puts the accused before the court by its resolution and sends the criminal case to the court for consideration, while simultaneously sending the accused, his defense counsel (with his participation), the victim, the civil plaintiff, and the civil defendant a copy of the decision on the application of writ proceedings;

2) refuses to approve the resolution on the application of writ proceedings and terminates the criminal case on the grounds provided for in Articles 35 and 36 of this Code.;

3) in the absence of the grounds provided for in the second part of Article 629-1 of this Code, returns the criminal case for inquiry or preliminary investigation.;

4) terminates the criminal case against individual suspects, issues an appropriate resolution on this, and sends the case to court or terminates the pre-trial investigation in full.

The prosecutor shall notify the persons concerned of the decision provided for in paragraphs 2), 3), 4) of the first paragraph of this part.

5. A criminal case in respect of two or more criminal offenses, including criminal offenses and minor crimes, is subject to referral to court in accordance with the procedure provided for in part four of this article.

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

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Republic of Kazakhstan

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