Article 78. Witness of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

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1. Any person who may be aware of any circumstances relevant to the case may be called and questioned as a witness to testify.

2. Are not subject to interrogation as a witness:

1) judge, juror – about the circumstances of the case that they became aware of in connection with participation in the criminal case, as well as during the discussion in the conference room of issues that arose during the court decision.;

2) the arbitrator – about the circumstances that have become known to him in connection with the performance of the duties of the arbitrator;

3) the defender of the suspect, the accused, the defendant, the convicted, as well as their legal representatives, the representative of the victim, the civil plaintiff and the civil defendant, as well as the lawyer of the witness – about the circumstances that became known to him in connection with the performance of his duties.;

4) the clergyman – about the circumstances known to him from confession;

5) a person who, due to his young age or mental or physical disabilities, is unable to correctly perceive the circumstances relevant to the case and give evidence about them.;

6) mediator – about the circumstances that have become known to him in connection with mediation, with the exception of cases provided for by law.;

7) a participant in the national preventive mechanism – about the circumstances that have become known to him in connection with the implementation of his activities, with the exception of cases that pose a threat to national security.

8) The Commissioner for Human Rights in the Republic of Kazakhstan – about the circumstances that have become known to him in connection with the performance of his official duties.

3. The witness has the right:

1) to refuse to give evidence that may entail for himself, his spouse or close relatives prosecution for committing a criminally punishable act or an administrative offense;

2) to give evidence in his native language or the language he speaks;

3) use the free help of a translator;

4) challenge the interpreter participating in his interrogation;

5) handwritten recording of testimony in the interrogation protocol;

6) to bring complaints about the actions (inaction) of the inquirer, investigator, prosecutor and court, to file petitions concerning his rights and legitimate interests, including the adoption of security measures.

A witness has the right to testify in the presence of his lawyer. The lawyer's failure to appear by the time set by the person conducting the pre-trial investigation does not prevent the witness from being questioned.

The witness is provided with reimbursement of the expenses incurred by him during the criminal proceedings.

4. The witness must:

1) appear at the summons of the inquirer, investigator, prosecutor and court;

2) truthfully report everything known about the case and answer the questions raised;

3) not to disclose information about the circumstances known to him in the case, if he has been warned about it by the inquirer, investigator or prosecutor.;

4) observe the established procedure during the investigative actions and during the court session.

5. Excluded by the Law of the Republic of Kazakhstan dated 06/09/2021 No. 49-VII (effective ten calendar days after the date of its first official publication). 6. Excluded by the Law of the Republic of Kazakhstan dated 06/09/2021 No. 49-VII (effective ten calendar days after the date of its first official publication).

7. A witness may not be subjected to an expert examination or examination, except in the cases specified in Articles 223 and 271 of this Code.

8. For giving false testimony or refusing to give evidence, a witness is criminally liable in accordance with the legislation of the Russian Federation. The Criminal Code of the Republic of Kazakhstan. For evading testimony or failing to appear without valid reasons at the summons of the body conducting the criminal proceedings, a monetary penalty may be imposed on a witness in accordance with the procedure established by Article 160 of this Code.

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Republic of Kazakhstan

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