Article 65. Criminal Procedure Code of the Republic of Kazakhstan

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1. in relation to oneself:

1) the prosecutor has drawn up an indictment;

Warning. Item 1) as amended by the law of the Republic of Kazakhstan dated 27.12.2021 No. 88-VII (as follows: from January 1, 2022 in relation to cases of particularly serious crimes investigated by investigators of internal affairs bodies, the anti-corruption Service and the Economic Investigation Service, including cases of other criminal offenses; Effective 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 combined with cases of other criminal offenses; in respect of cases of other criminal offenses completed in the form of a preliminary investigation, the preparation of a report on the completion of the pre-trial investigation by a person conducting a pre-trial investigation, effective from January 1, 2026, in terms of drawing up an indictment by the prosecutor and recognizing a person as an accused from the moment of drawing up an indictment by the prosecutor).

2) the prosecutor approved the resolution on the application of the order proceedings, the protocol on a criminal offense, the protocol of an accelerated pre-trial investigation, the protocol of the indictment and made a decision to send the criminal case to the court under the relevant article (articles) of the criminal law;

3) a person whose pre-trial investigation was completed by concluding a procedural agreement in accordance with the procedure provided for in part four of Article 617 of this code.

4) excluded by the law of the Republic of Kazakhstan dated 19.12.2020 No. 384 - VI (entered into force on the expiration of ten calendar days after the date of its first official publication).

2.a defendant is called an accused in respect of whom a trial has been established, and in cases of private prosecution a complaint against him has been accepted by the court for its proceedings.

3.a convicted person is called a convicted person in respect of whom a guilty verdict has been issued.

4.an accused in respect of whom an acquittal has been issued is called an acquitted person.

5. the accused shall have the right to use the rights provided for in part nine of Article 64 of this code, as well as:

1) know what he is accused of;

2) to receive copies of the indictment drawn up by the prosecutor, the protocol on a criminal offense approved by the prosecutor, the protocol of an accelerated pre-trial investigation, the protocol of the indictment;

Warning. Item 2) as amended by the law of the Republic of Kazakhstan dated 27.12.2021 No. 88-VII (as follows: from January 1, 2022, in relation to cases of particularly serious crimes investigated by investigators of internal affairs bodies, the anti-corruption Service and the Economic Investigation Service, including those combined with cases of other criminal offenses; Effective 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 combined with cases of other criminal offenses; in respect of cases of other criminal offenses completed in the form of a preliminary investigation, the preparation of a report on the completion of the pre-trial investigation by a person conducting a pre-trial investigation, effective from January 1, 2026, in terms of drawing up an indictment by the prosecutor and recognizing a person as an accused from the moment of drawing up an indictment by the prosecutor).

3) have sufficient time and opportunity to defend their rights and legitimate interests by means and means that do not contradict the law and prepare for defense;

4) enjoy the rights of a civil defendant in the event that he is recognized as a civil defendant in connection with the filing of a civil claim in the case;

5) to declare or consent to the request for the conclusion of a procedural agreement at any stage of the investigation and to conclude a procedural agreement, to receive a copy of the procedural agreement;

6) to petition for the consideration of a criminal case by a court with the participation of a jury in the cases provided for by this Code.;

7) sign an act of protection.

6. the defendant:

1) participate in the court proceedings of the case in the court of the first and appellate instances;

2) Use All rights of the defending party, as well as the right to the last word;

3) declare or consent to the conclusion of a procedural agreement at any stage of the court proceedings and conclude a procedural agreement;

4) refuse the concluded procedural agreement until the court leaves the deliberation room to make a decision;

4-1) to sign the act of protection;

5) request a public trial;

6) object to termination of the case.

7. convicted person or acquitted person:

1) get acquainted with the minutes of the court session and give comments on it;

2) appeal against the verdict, decision of the court, decision of the judge and receive copies of the appealed decisions;

3) find out about the complaints, petitions of the prosecutor and protests brought in the case, submit objections to them;

4) participate in the judicial consideration of complaints, appeals of the prosecutor and protests;

5) declare or consent to the conclusion of a procedural agreement on cooperation and conclude a procedural agreement.

8.the presence of a defender or legal representative in the accused may not be the basis for the cancellation or restriction of any rights of the accused.

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

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Republic of Kazakhstan

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