Article 68. Invitation, appointment, replacement of a defender, payment for his Labor Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 68. Invitation, appointment, replacement of a defender, payment for his Labor Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

1.as a defender, a lawyer is called by a witness, suspect, accused, defendant, convicted person, acquitted person, their legal representatives, as well as other persons who have the right to be protected, on behalf of or with the consent of a witness, suspect, accused, defendant, convicted person, acquitted person. A suspect, a witness entitled to protection, an accused, a defendant, a convicted person, an exonerated person have the right to call several lawyers as defenders for protection.

2.the presence of a lawyer at the request of a witness, suspect, accused, defendant, convicted person, rehabilitated person entitled to protection is provided by the body conducting criminal proceedings by sending the relevant resolution to a professional organization of lawyers on paper or in the form of an electronic document through a unified information system of legal assistance.

3.in cases where the selected or appointed defense counsel cannot be present for a long period (at least five days), the body conducting the criminal process has the right to propose to the witness, suspect, accused, defendant, convicted person, rehabilitated person who has the right to be protected to invite another defense or take measures to appoint a defense counsel through a professional organization of lawyers or its structural divisions. The body conducting criminal proceedings does not have the right to make a proposal to invite a certain person as a defender.

4.in the case of detention or custody, if the defense chosen by the suspect, accused, defendant, convicted person, acquitted person cannot appear within twenty-four hours, the body conducting the criminal process recommends that the suspect, defendant, convicted person, rehabilitated person call another defense, and in case of refusal, take measures to appoint a defense through a professional organization of lawyers or its structural divisions.

5.remuneration of a lawyer is made in accordance with the legislation of the Republic of Kazakhstan. The body conducting the criminal process, if there are grounds for this, is obliged to completely or partially release the suspect, accused, defendant, convicted person, rehabilitated person from payment for legal assistance. In this case, the payment of Labor is made at the expense of the state.

6.expenses for the remuneration of lawyers may also be attributed to the state in case of participation of a lawyer in a pre-trial investigation or court by appointment provided for in part three of Article 67 of this code.

7.if several defenders participate in the proceedings on a criminal case, a procedural action in which the participation of a defender is necessary may not be recognized as illegal due to the absence of all defenders of a witness, suspect, accused, defendant, convicted person, acquitted person who have the right to appropriate protection.

8.a lawyer enters the case as a defense lawyer upon presentation of a lawyer's certificate and a written notification of protection (representation) provided for by the law of the Republic of Kazakhstan "on advocacy and legal assistance". It is forbidden to demand other documents confirming the authority of a lawyer to conduct a specific case. In accordance with the provisions of the second part of Article 66 of this code, another person submits a document confirming his right to participate in criminal proceedings as a defender (a marriage certificate, a document confirming his kinship with a suspect, accused, defendant, convicted person, acquitted person, decisions of bodies exercising guardianship and guardianship functions).

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

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

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Republic of Kazakhstan

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