Article 66. Criminal Procedure Code of the Republic of Kazakhstan

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1.a defender is a person who shall protect the rights and interests of a witness, suspect, accused, defendant, convicted person, rehabilitated person entitled to protection in accordance with the procedure established by law and shall provide them with legal assistance during the proceedings in a criminal case and in other cases provided for by this code.

2.The lawyer participates as a defender. When a lawyer participates as a defense lawyer in a criminal process, at the written request of a witness, suspect, accused, defendant, convicted person, acquitted person who has the right to be protected, their defense together with a lawyer may be carried out by one of the following persons: spouse (s) or close relative, guardian, guardian or representative of an organization that has taken the protected person under guardianship or guardianship. Participation of foreign lawyers as defenders in the case is allowed in accordance with the procedure established by law, if this is provided for by the international treaty of the Republic of Kazakhstan with the relevant state on a mutual understanding basis.

3.from the moment a person acquires the status of a witness, suspect, accused who has the right to protection, as well as at any subsequent time of the criminal process, the defender has the right to participate in the criminal process.

4.if the interests of one of the witnesses, suspects, accused, defendants entitled to protection contradict the interests of the other, one person may not be the same defender for both of them.

5.a lawyer may not refuse to protect a witness, suspect or accused, defendant, convicted person, acquitted person who has the right to protection assumed by him.

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

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