Article 71. The victim of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 71. The victim of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

1.a victim is recognized in criminal proceedings as a person who has grounds to believe that a criminal offense has caused him direct moral, bodily or property damage.

1-1.a person conducting a pre-trial investigation is obliged to immediately recognize a person as a victim in the cases provided for in part one of this article.

2.a person is recognized as a victim even in cases of causing harm to him by an act committed by an insane person prohibited by the Criminal Code of the Republic of Kazakhstan.

3.a person is recognized as a victim after the issuance of the relevant resolution in criminal proceedings. If in the course of the criminal process it is established that there are no grounds for his presence in this case, the body conducting the criminal process, by its resolution, ceases the participation of the person as a victim.

4.the victim is explained the right to bring a civil claim in criminal proceedings and is provided with compensation for property damage caused by a criminal offense, as well as expenses incurred by him in connection with his participation in criminal proceedings, including expenses for the representative according to the rules established by this code.

5.the victim's claim for compensation for moral damage is considered in criminal proceedings. If he did not file such a claim or it was left unattended, then the victim has the right to file it in the order of civil proceedings.

6. the victim:

1) to know about the suspicions and accusations made;

2) give evidence in their native language or in a language they know;

3) submission of evidence;

4) to declare petitions and objections;

5) use the free help of a translator;

6) availability of a representative;

7) receive property seized by the criminal prosecution body as a means of proof or provided by it, as well as property belonging to it, seized from a person who has committed an act prohibited by criminal law, originals of documents belonging to it;

8) reconcile with the suspect, accused, defendant in cases stipulated by law, including by mediation;

8-1) consent to the application of order proceedings in a case of a criminal offense or a less serious crime;

9) get acquainted with the Protocols of investigative actions carried out with his participation and issue comments on them, capture and receive copies of the protocols using scientific and technical means;

10) participate with the permission of the investigator or Inquirer in investigative actions carried out on his own petition or on the request of his representative;

11) upon completion of the investigation, with the exception of information constituting state secrets or other secrets protected by law, to familiarize with the materials of the case and record any information from it in accordance with the procedure established by this code, as well as to make copies using scientific and technical means;

12) apply to himself and his family members on the provision of security measures, non-disclosure of the circumstances of his personal life, the application of the ban on approach in relation to the suspect;

13) to obtain copies of resolutions on recognition or refusal of oneself as a victim, termination of pre-trial investigation, indictment, protocol of accelerated pre-trial investigation, indictment, as well as copies of the verdict and decision of the court at the first, appeal and Cassation stages;

14) participate in court proceedings of the case in the court of the first, appellate and Cassation instances;

15) to speak at judicial debates;

16) support the prosecution, including in case of refusal of the public prosecutor from the prosecution;

17) 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 if audio and video recording is used at the court session, sign the end of the minutes, give comments to the minutes;

18) appeal against the actions (omissions) and decisions of the Inquirer, investigator, prosecutor and court and participate in their consideration in cases established by law;

19) appeal against the verdict and decision of the court;

20) learn about the complaints, petitions of the prosecutor and protests brought in the case, submit objections to them and participate in their consideration;

21) protect their rights and legitimate interests in other ways that do not contradict the law;

22) learn about the intention of the parties to conclude a procedural agreement, its conditions and consequences, offer their conditions for compensation for damage caused by a crime, or object to its conclusion;

23) receive compensation in accordance with the legislation of the Republic of Kazakhstan on the Victim Compensation Fund;

24) receive special social services in accordance with the legislation of the Republic of Kazakhstan on combating human trafficking.

In cases stipulated by Part Two of Article 76 of this code, legal assistance is provided to the victim free of charge.

7. The victim, and in the event of his death, his legal successors, have the right to receive monetary compensation for property damage caused by a particularly serious crime from budgetary funds if the person convicted of such a crime does not have sufficient property to compensate for the damage caused by this crime. In this case, the issue of payment of monetary compensation at the expense of budget funds is decided by the court that issued the verdict on the application of the victim or his legal successor. In these cases, if the damage does not exceed one hundred and fifty monthly calculation indices, the victim has the right to reimburse the damage in full.

8.the victim is obliged: to appear at the invitation of the body conducting the criminal process, to honestly report all the known circumstances in the case and answer the questions asked; not to disclose information about the circumstances known to him in the case; to observe the established procedure in the conduct of investigative actions and during the court session.

9.if the victim does not appear on call without good reasons, he may be subjected to forced importation in accordance with the procedure provided for in Article 157 of this code, and monetary recovery may be applied to him in accordance with the procedure provided for in Article 160 of this code.

10.the victim bears criminal liability in accordance with the law for refusing to testify and giving knowingly false testimony.

11.in cases of crimes in the consequences of which a person has died, the rights of the victim provided for in this article are exercised by close relatives, spouse (s) of the deceased. If several persons who have caused moral harm by a criminal offense are applying for the transfer of the rights of the victim, all of them or one of them may be recognized as the victim by agreement between them.

12. A legal entity may be recognized as a victim if property damage has been caused by a criminal offense. In this case, the rights and obligations of the victim are exercised by a representative of the legal entity.

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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