Article 81. Translator of the Code of Criminal Procedure of the Republic of Kazakhstan Code of Criminal Procedure of the Republic of Kazakhstan

     1. A person who is not interested in the case, speaks the language necessary for translation, and is involved in investigative and judicial actions in cases where the suspect, the accused, the defendant, their defenders or the victim, the civil plaintiff, the civil defendant or their representatives, as well as witnesses and other participants in the process do not they know the language in which the proceedings are conducted, as well as for the translation of written documents.

     2. The body conducting the criminal proceedings issues a resolution on the appointment of a person as an interpreter.

     3. The translator has the right:

     1) ask the persons present during the translation process questions to clarify the translation;

     2) to get acquainted with the protocol of the investigative or other procedural action in which he participated, as well as, in the relevant part, with the protocol of the court session and make observations to be recorded in the protocol regarding the completeness and correctness of the translation.;

     3) to refuse to participate in the proceedings if he does not have the knowledge necessary for translation;

     4) bring complaints about the actions of the body conducting the criminal process;

     5) receive reimbursement of expenses incurred by him in connection with participation in investigative and other procedural actions, and remuneration for the work performed, if participation in the proceedings is not included in the scope of his official duties.;

     6) submit a request for security measures.

     4. The translator is obliged to:

     1) appear at the summons of the body conducting the criminal process;

     2) carry out the transfer assigned to him accurately and completely;

     3) certify the correctness of the translation with his signature in the protocol of the investigative action performed with his participation, as well as in the procedural documents handed over to the participants in the process in translation into their native language or the language they speak;

     4) not to disclose information about the circumstances of the case or other information that became known to him in connection with his involvement as an interpreter;

     5) observe the procedure during the investigative actions and during the court session.

     5. For refusal or evasion from appearing or from performing their duties without valid reasons, a monetary penalty may be imposed on an interpreter in accordance with the procedure provided for in Article 160 of this Code. In case of deliberately incorrect translation, the translator is criminally liable.

     6. The rules of this article apply to a person who understands the signs of persons with complete loss of speech and (or) hearing and is invited to participate in the proceedings.

President    

Republic of Kazakhstan     

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