Article 94. Removal from participation in criminal proceedings of the defender, the representative of the victim (private prosecutor), the civil plaintiff or the civil defendant CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. A defense attorney, as well as a representative of the victim (private prosecutor), civil plaintiff, and civil defendant may not participate in criminal proceedings in the presence of any of the following circumstances:

     1) if he previously participated in the case as a judge, prosecutor, investigator, inquirer, court session secretary, bailiff, witness, expert, specialist, translator or understood;

     2) if he is in a relationship or other personal relationship of dependence with an official who has participated or is participating in the investigation or judicial review of the case.;

     3) if he provides or previously provided legal assistance to a person who has opposing interests with the client or principal, as well as is in a kinship or other personal relationship with such persons.;

     4) if he is not entitled to be a defender or representative by virtue of a law or a court decision.

     2. The issue of the removal of a defense lawyer, a representative of the victim (a private prosecutor), a civil plaintiff or a civil defendant from participation during the pre–trial investigation is resolved by the prosecutor, and during the proceedings in court - by the court considering the case.

President    

Republic of Kazakhstan     

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