Article 749. Mandatory participation of the defender of the Code of the Republic of Kazakhstan On Administrative Offenses
1. The participation of a defense attorney in the proceedings on an administrative offense is mandatory in cases where:
1) the person being brought to administrative responsibility applies for this.;
2) a person brought to administrative responsibility cannot independently exercise his right to protection due to physical or mental disabilities.;
3) the person being held administratively liable does not speak the language in which the proceedings are conducted;
4) the person being held administratively liable is a minor.
2. If, in the circumstances provided for in part one of this article, the defender is not invited by the person being held administratively liable, his legal representatives, as well as other persons on his behalf, the judge, the body (official) authorized to consider cases of administrative offenses must ensure the participation of the defender at the appropriate stage of the proceedings, as indicated by they issue a resolution. The resolution is sent for execution to the bar association of the region, the city of republican significance, the capital or its structural divisions and is subject to execution within no more than twenty-four hours from the moment of its receipt.
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