Article 70. Powers of the defender of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1.the defense attorney is obliged to use all legal means and means of protection and provide them with the necessary qualified legal assistance in order to establish the circumstances of the suspect, refuting the accusation or mitigating the liability of the suspect, accused.

     2. defender:

     1) a private and confidential meeting with the suspect, accused, the number and duration of which is not limited;

     2) collect and submit in accordance with the procedure provided for by this code, things, documents, information, as well as other data necessary for the provision of legal assistance, subject to mandatory attachment to the materials of the criminal case;

     3) to take part in interrogations of the suspect, accused, as well as in other investigative actions and procedural actions carried out in their presence or at their request or at the defense's own request, including inspection, search, seizure, participation of the suspect in the publication of resolutions on recognition of the suspect, qualification of the suspect's actions, as well as;

     4) to declare objections;

     5) the following materials of the case against the person under his protection from the moment of initiation of the case, except for the materials of the case containing data on operational search and counterintelligence activities, secret investigative actions:

     with such statements, messages, except for personal data contained in the application, message of a person about a criminal offense committed;

     a report on the detection of a criminal offense with the attachment of documents and other materials available to them (if any) confirming the discovery of information about a criminal offense, with the exception of personal data contained in them;

     minutes of investigative actions and procedural actions with the participation of a protected person;

     the body of pre-trial investigation in respect of the person under its protection:

     initiation of a petition before the court to apply a preventive measure and sanction the application of a preventive measure;

     acceptance of materials of pre-trial investigation into the proceedings;

     creation of an investigative, operational and investigative team;

     establishing the language of legal proceedings in a criminal case;

     recognition as a victim, with the exception of personal data contained in them;

     recognition as a civil plaintiff;

     recognition as suspicious;

     differentiation of the suspect's actions;

     initiation of a petition for the sanction of a preventive measure;

     attracting a specialist to give an opinion;

     appointment of a forensic examination;

     application of the seizure of property;

     interruption of the terms of pre-trial investigation;

     termination of pre-trial investigation;

     resumption of suspended pre-trial investigation;

     results of consideration of complaints and petitions of the Defense party;

     conducting searches ,retrieval (after their completion) ;

     conducting an investigative experiment;

     have the right to familiarize themselves with resolutions on obtaining samples for expert research, as well as to capture copies of them with the help of scientific and technical means or to receive them from a person conducting a pre-trial investigation.

     In addition, with the help of scientific and technical means:

     information about the conclusion of a specialist, an expert, a message about the impossibility of giving an opinion in relation to a person under his protection;

     has the right to make copies of the notification on the completion of investigative actions and the clarification of the right to familiarize yourself with the materials of the criminal case.

     At the end of the pre-trial investigation, with the exception of information constituting state secrets or other secrets protected by law and the list of prosecution witnesses, it has the right to get acquainted with all the material of the criminal case, to record any information from it in any volume, to make copies with the help of scientific and technical means;

     6) to apply for applications, including applications for the application of security measures;

     7) participate in the court session in the court of any instance in the preliminary hearing of the case, participate in the trial, speak in judicial debates, when resuming the case on newly discovered circumstances, when the court considers petitions for the sanction of a preventive measure, when considering petitions for custody, extension of the term of house arrest, when the investigating judge considers complaints and petitions;

     8) get acquainted with the minutes of the court session, at the same time put his signature at the end of the minutes, and when familiarizing himself with a part of the minutes of the court session, sign the end of this part and make a remark to it;

     9) to obtain copies of procedural documents subject to submission to him and the person under his protection;

     10) object to illegal actions (omissions) of the person conducting the criminal process and other persons participating in the criminal process, require the inclusion of these objections in the procedural documents;

     11) appeal against actions (omissions) and decisions of the inquiry officer, investigator, prosecutor and court and participate in their consideration;

     12) use any other means and means of protection that do not contradict the law;

     13) on the time and place of the procedural action with the participation of the protected person, as well as on all court sessions related to the consideration of complaints of the Defense party, petitions for the application of a preventive measure, extension of the period of detention, storage of evidence through the body conducting criminal proceedings.

     3. a lawyer participating in the case as a defense lawyer shall, along with the rights provided for in the second part of this article, as well as:

     1) submit to the investigating judge a request to place the testimony of the witness and the victim for storage;

     2) in case of refusal to execute the request or failure to make a decision on it within three days, submit to the investigating judge a request for the provision of qualified legal assistance to the suspect, accused, witness entitled to protection, with the exception of information constituting state secrets, any information, documents, things necessary for the protection of their interests;

     3) submit a petition to the investigating judge for the appointment of an examination or the conduct of an investigative action by the pre-trial investigation body, with the exception of a secret investigative action, including if the criminal prosecution body unreasonably refuses to satisfy such a petition or a decision on it is not made within three days;

     4) to receive a question from persons who know something about the circumstances of the case, including with the use of scientific and technical means, and to submit a petition to attach the actual data obtained in this way to the case materials;

     5) receive the conclusions of an expert, specialist in the case on a contractual basis and submit an application for attaching such conclusions to the case materials;

     6) submit to the investigating judge a petition for the compulsory bringing to the body conducting criminal proceedings of a witness whose appearance is difficult to ensure for giving evidence for which he has previously received a question.

     4.a person conducting a pre-trial investigation, after completing the interrogation, has the right to ask questions to the persons being interrogated by the defense counsel participating in the conduct of investigative actions. The person conducting the pre-trial investigation may reject the defense attorney's questions, but is obliged to include all the questions provided in the protocol. The defense attorney has the right to make written comments to the protocol of the investigative action, depending on the correctness and completeness of his records.

     A lawyer participating in the conduct of a procedural action as a defense attorney has the right to provide brief consultations at the request of the protected person in the presence of a person conducting a pre-trial investigation.

     5.the defense attorney shall not have the right to: to commit any actions against the interests of the person under his protection and to prevent the exercise of the rights belonging to him; to recognize his involvement in a criminal offense and guilty of its commission, regardless of the position of the person under his protection, to declare that the person under his protection is reconciled with the victim; to recognize a civil claim; to withdraw complaints and petitions filed by the person under his protection; to apply for legal assistance and disclose information that has become known to him in connection with its implementation.

     6.the defender has other rights and other obligations stipulated by this code.

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

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

President    

Republic of Kazakhstan     

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