Article 67. Mandatory participation of the defender of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. participation of the defense counsel in the proceedings in a criminal case, if:
1) an application is submitted by a witness, suspected accused, defendant, convicted person, acquitted person entitled to protection;
2) a witness, a suspected accused, a defendant, a convicted person, an rehabilitated person who has the right to protection, has not reached the age of majority;
3) a witness, a suspected accused, a defendant, a convicted person, an rehabilitated person who has the right to protection cannot independently exercise his right to protection due to physical or mental disabilities;
4) a witness entitled to protection, a suspected accused, a defendant, a convicted person, an acquitted person does not know the language in which the trial is being conducted;
5) a person is suspected of committing a crime in which imprisonment for a term of more than ten years or life imprisonment may be imposed as a punitive measure, charged;
6) a suspect, accused, defendant, convicted person is detained under guard as a preventive measure, or they are forcibly sent to a stationary forensic psychiatric examination;
7) if there is a conflict between the interests of suspects, accused, defendants, convicted, acquitted, and one of them is a defender;
8) a representative of the victim (private prosecutor) or civil plaintiff is involved in the criminal process;
9) when the case is considered in court, it is attended by a prosecutor (public prosecutor) who supports public prosecution;
10) the suspect, accused, defendant, convicted person, rehabilitated person is outside the Republic of Kazakhstan and evades coming to the criminal prosecution bodies or court;
11) a procedural agreement and a petition for its conclusion.
2. Participation of the defense attorney in the cases provided for in Paragraphs 1) – 6), 10) of the first part of this article – from the moment of recognition of the person as a suspect, accused, defendant, convicted person, acquitted person, in the cases provided for in paragraph 7) – from the moment of establishing a conflict between the interests of suspects, accused, defendants, convicted, acquitted, in the cases provided for in paragraphs 8), 9) – from the moment of participation of the representative of the victim, the prosecutor in the case, in the cases provided for in paragraph 11) – from the moment of filing a petition for the conclusion of a procedural agreement by the suspect, accused, defendant, convicted person.
In the cases provided for in Paragraphs 1) – 4) of part one of this article, the presence of a defender of a witness entitled to protection is ensured from the moment of his initial interrogation as a witness entitled to protection.
3.if, in the presence of the circumstances provided for in the first part of this article, the defense counsel is not summoned by the suspect, accused, defendant, convicted person, acquitted person, the witness himself entitled to protection, their legal representatives, as well as other persons on their behalf, the body conducting the criminal process is obliged to ensure the participation of the defense counsel at the appropriate stage of the process,
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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