Article 96. The obligation to take security measures for victims, witnesses, suspects, accused and other persons involved in criminal proceedings CPC RK Code of Criminal Procedure of the Republic of Kazakhstan
1. The body conducting the criminal proceedings is obliged to take security measures for the suspect, the accused, the victim, the witness, other persons participating in the criminal proceedings, as well as their family members and close relatives, if in connection with the criminal proceedings there is information about the threat of violence against them or other acts prohibited by criminal law..
A security measure in the form of restrictions on access to information can be applied in order to protect against the disclosure of state secrets or information about intimate aspects of the lives of those involved in the case.
2. If necessary, to ensure the safety of a suspect, accused, defendant or convicted person with whom a procedural agreement has been concluded, his close relatives, with the consent of these persons, state protection and security measures provided for by this Code and laws are applied.
3. The body conducting the criminal proceedings shall take security measures for the persons specified in parts one and two of this article on the basis of their oral (written) statements or on their own initiative, and shall issue an appropriate resolution.
4. Applications of persons participating in criminal proceedings, their family members and their close relatives for taking measures for their safety must be considered by the body conducting the criminal proceedings no later than twenty-four hours from the moment of their receipt. The applicant is immediately notified of the decision and a copy of the relevant resolution is handed to him.
5. The applicant has the right to appeal to the prosecutor or to the court against the refusal to satisfy the request for taking measures for his safety.
6. The refusal to take security measures does not prevent the re-application for these measures if circumstances arise that were not reflected in the previously submitted application.
The footnote. Article 96 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 No. 188-VII (effective sixty calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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