Article 99. The obligation to consider petitions of participants in the criminal process CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Participants in the criminal process have the right to apply to the person conducting the pre-trial investigation, the prosecutor, the judge (to the court) with petitions for the conduct of procedural actions or the adoption of procedural decisions to establish the circumstances relevant during the criminal process, to ensure the rights and legitimate interests of the person who filed the petition, or the person they represent.

     2. Petitions may be filed at any stage of the process. The person who submitted the petition must indicate in order to establish what circumstances he requests to take action or make a decision. Written petitions are attached to the materials of the criminal case, oral petitions are recorded in the protocol of the investigative action or court session.

     3. The rejection of a petition does not prevent its re-application at subsequent stages of criminal proceedings or before another body conducting criminal proceedings.

     4. The application is subject to consideration and resolution immediately after its application. In cases where an immediate decision on the application is not possible, it must be resolved no later than three days from the date of the application.

     5. A petition must be granted if it contributes to a comprehensive, complete and objective investigation of the circumstances of the case, ensuring the rights and legitimate interests of the participants in the process or other persons. In other cases, the application may be refused. The body conducting the criminal proceedings has no right to refuse to satisfy a request for interrogation as specialists or witnesses of persons whose appearance is ensured by the parties. The body conducting the criminal proceedings is obliged to assist the party in ensuring that the persons indicated by them appear for questioning, including through the use of procedural coercion measures provided for by law.

     6. The body conducting the criminal proceedings issues a reasoned decision on the complete or partial refusal to satisfy it, which is communicated to the person who filed the petition. The decision on the petition may be appealed in accordance with the general rules for filing and considering complaints established by this Code.

President    

Republic of Kazakhstan     

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