Article 65-1. A witness entitled to be protected by the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 65-1. A witness entitled to be protected by the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

1.if a person is indicated in the application and report on a criminal offense as a person who committed it, or a witness participating in the criminal process gives evidence against him, but procedural arrest is not applied to this person, or a decision is not issued to recognize him as a suspect, then he receives the status of a witness entitled to protection.

2. a witness who has the right to be protected:

1) to receive from the person carrying out pre-trial proceedings an explanation of the rights belonging to him;

2) receive an explanation from the person conducting the pre-trial investigation about the status of a witness entitled to protection;

3) get acquainted with the resolution on the appointment of an examination in cases stipulated by this code;

4) get acquainted with the expert opinion in cases stipulated by this code;

5) refuse to give evidence;

6) call the defender independently or through his relatives or proxies. If a witness entitled to protection, his relatives or proxies did not call the defender, the criminal prosecution body is obliged to ensure his presence in accordance with the procedure provided for in part three of Article 67 of this code;

7) give evidence in the presence of a defense attorney;

8) give evidence in their native language or in a language they know;

9) use the free assistance of a translator;

10) write their testimony in the interrogation protocol with their own hands;

11) familiarization with the documents specified in part one of this article, with the exception of materials of operational search, counterintelligence measures and secret investigative actions, as well as personal data contained in them;

12) get acquainted with the Protocols of investigative actions with his participation and give comments to them, present evidence;

13) declare petitions in respect of their rights and legitimate interests, including on the conduct of expertise and the application of security measures;

14) to declare objections;

15) confront witnesses against him;

16) appeal against the actions (omissions) of the Inquirer, investigator, prosecutor.

3.a witness entitled to protection is obliged to appear at the invitation of: the court, the prosecutor, the person carrying out the pre-trial investigation; observe the established procedure in the course of investigative actions and during the court session.

3-1.the rights and obligations of a witness entitled to protection are explained before the start of the first procedural action with his participation.

3-2.if a witness entitled to protection does not exercise the right to refuse to give evidence before the start of the first interrogation, he must be warned that his testimony may be used as evidence in criminal proceedings, including in the subsequent refusal of this testimony.

4.a witness entitled to protection may not be involved in an examination or examination, except in cases specified in articles 223 and 271 of this code.

5.for failure to appear to a witness entitled to protection without good reason at the invitation of the body conducting criminal proceedings, monetary recovery may be applied in accordance with the procedure established by Article 160 of this code.

6.a person shall not be in the position of a witness entitled to protection from the moment of obtaining the status of a suspect or the issuance of a resolution on the absence of grounds for initiating criminal prosecution against him.

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

President

Republic of Kazakhstan

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