Article 97. Security measures for victims, witnesses, suspects and other persons involved in criminal proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 97. Security measures for victims, witnesses, suspects and other persons involved in criminal proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. In order to ensure the safety of witnesses, suspects and other persons involved in criminal proceedings, their family members and close relatives, the body conducting the criminal process:

1) issues an official warning to a person who is threatened with violence or other acts prohibited by criminal law about the possibility of bringing him to criminal responsibility;

2) restricts access to information about the protected person;

3) issues a resolution on ensuring his personal safety;

4) apply, in accordance with the procedure provided for by this Code, in relation to a suspect or accused, preventive measures that exclude the possibility of using (organizing the use of) violence against participants in criminal proceedings or committing (organizing the commission of) other criminal acts.;

5) applies a measure of procedural coercion in the form of a ban on approaching.

2. The warning issued by the body conducting the criminal process is announced to the person against receipt.

3. Restriction of access to information about the protected person may take place from the beginning of the criminal process at the request of the person and consists in removing information about the personal data of the person from the materials of the criminal case and storing them separately from the main proceedings, using a pseudonym by this person. The person conducting the pre-trial investigation issues a resolution on the application of this measure, which sets out the reasons for the decision to keep personal information secret, indicates the pseudonym and signature sample of the protected person, which he will use in the protocols of investigative actions with his participation. Procedural actions involving the protected person, if necessary, may be carried out in conditions that exclude his recognition. The resolution and the materials separated from the main proceedings are placed in a sealed envelope, which is subsequently stored in the body investigating the criminal case, and the contents of which, except for the person conducting the pre-trial investigation, can be viewed by the prosecutor and the court.

4. The procedure for ensuring the personal safety of witnesses, suspects, accused, victims and other persons participating in criminal proceedings, their family members and close relatives is determined by the Law of the Republic of Kazakhstan "On State Protection of Persons participating in Criminal Proceedings.

4-1. When the body of criminal prosecution takes security measures provided for in subparagraph 3) of the first part of paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan "On State Protection of persons participating in criminal proceedings", the supervising prosecutor is notified within twenty-four hours while maintaining confidentiality.

5. Regardless of the security measures taken, the criminal prosecution body is obliged, if there are grounds for that, to initiate a pre-trial investigation in connection with the revealed threat of committing an act prohibited by criminal law against a victim, witness, suspect, or other person participating in criminal proceedings.

6. Security measures are lifted by a reasoned decision of the person conducting the pre–trial investigation, the prosecutor, the court, or the verdict of the court, when there is no need to apply them, and in case of violations of the rights and legitimate interests of the protected persons - by a decision of the prosecutor or the court. The protected person must be immediately notified of the cancellation of his security measures or the disclosure of information about him to persons involved in the criminal process. Filing a complaint to the court or prosecutor by the protected person against the decision to apply a personal security measure provided for in subparagraph 3) of paragraph one of paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan "On State Protection of Persons participating in Criminal Proceedings" or on the cancellation of security measures suspends the execution of the appealed decision.

The footnote. Article 97 as amended by the Laws of the Republic of Kazakhstan dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication); dated 27.12.2021 No. 88-VII (effective after ten calendar days after the date of its first official publication); 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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