Article 65. Criminal Procedure Code of the Republic of Kazakhstan

1. The accused is a person in respect of whom:

   1) the prosecutor has drawn up or approved an indictment;

     2) the prosecutor approved the decision on the application of writ proceedings, the protocol on criminal misconduct, the protocol of the accelerated pre-trial investigation, the protocol of the charge, and decided to send the criminal case to court in accordance with the relevant article(s) of the criminal law;

     3) the pre-trial investigation has been 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 12/19/2020 No. 384-VI (effective ten calendar days after the date of its first official publication) .

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

     3. The defendant against whom a guilty verdict has been passed is referred to as the convicted person.

     4. A defendant who has been acquitted is called acquitted.

     5. The accused has the right to enjoy the rights provided for in part nine of Article 64 of this Code, as well as:

     1) to know what he is accused of;

     2) obtain copies of the indictment drawn up or approved by the prosecutor, the protocol on criminal misconduct approved by the prosecutor, the protocol of the accelerated pre-trial investigation, the protocol of the charge;

       3) protect their rights and legitimate interests by means and methods that do not contradict the law, and have sufficient time and opportunity to prepare for protection;

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

     5) at any stage of the investigation, file a motion or agree to conclude a procedural agreement and conclude a procedural agreement, and receive a copy of the procedural agreement;

     6) in the cases provided for by this Code, file a motion for consideration of a criminal case by a court with the participation of jurors.;

     7) sign the act of protection.

     6. The defendant has the right to:

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

     2) enjoy all the rights of the defense party, as well as the right to the last word;

     3) at any stage of the judicial proceedings, file a petition or express consent to conclude a procedural agreement and conclude a procedural agreement;

     4) to withdraw from the concluded procedural agreement until the court is removed to the conference room to make a decision.;

     4-1) sign the act of protection;

     5) to demand a public trial;

     6) object to the termination of the case.

     7. A convicted or acquitted person has the right to:

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

     2) appeal the verdict, court decisions, and judge's decisions and receive copies of the appealed decisions;

     3) to know about the complaints brought in the case, the prosecutor's petitions and protests, and to file objections to them;

     4) participate in the judicial review of submitted complaints, prosecutor's petitions and protests;

     5) file a petition or express consent to conclude a procedural cooperation agreement and conclude a procedural agreement.

     8. The presence of an accused defender or legal representative may not serve as a basis for the elimination or restriction of any right of the accused.

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

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 1, 2026, No. 331-VIII SAM 

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