Commentary on Article 174. Payment for Legal Assistance of the Criminal Procedure Code of the Republic of Kazakhstan

• 1. Payment for the services of defence counsel and representatives of persons participating in criminal proceedings shall be made in accordance with the legislation of the Republic of Kazakhstan.
• 2. In cases provided for by this Code, where a lawyer has participated in pre-trial proceedings or in court, acting as defence counsel appointed by the authorities, or as a representative of the victim (private prosecutor), without entering into an agreement with the client, the expenses for payment of lawyers’ services shall be covered by budgetary funds.
• 3. In the cases provided for in part two of this Article, the authority conducting the criminal proceedings shall, where there are grounds for doing so, have the right to exempt the suspect, accused person or convicted person from payment for legal assistance, either in full or in part, by issuing a reasoned resolution to that effect.
•  
• Footnote. Article 174 was amended by Law of the Republic of Kazakhstan dated 3 July 2017 No. 84-VI (shall enter into force upon the expiry of ten calendar days after the date of its first official publication).
•  
• The law attaches great importance to the participation of defence counsel in criminal proceedings. This is evident from the existence in the CPC of a system of provisions devoted to defence counsel (Articles 67–70, etc.). The allocation in Chapter 21 of the CPC of a separate article specifically addressing the payment of the services of a lawyer, who may act as defence counsel for a suspect, accused person, defendant, witness entitled to the right to defence, or as a representative of any participant in criminal proceedings (the victim, private prosecutor, witness, civil claimant or civil defendant, or legal representative of a minor), is no exception.
• Taking into account that these matters have already been considered by us in our commentary on the provisions of the CPC regulating the procedural status of persons protecting their own rights and interests or those of persons they represent (Chapter 9 of the CPC), we shall limit ourselves to recalling that payment for a lawyer’s services in one capacity or another is made, where the relevant grounds exist, either from the funds of the party that engaged the lawyer to participate in the proceedings, in accordance with Articles 683–686 of the Civil Code (Chapter 33, “Paid Provision of Services”), or at the expense of the State when the lawyer participates in the case by appointment through a professional organization of lawyers or its structural subdivisions.
• The procedure for payment for the services of a court-appointed lawyer at the expense of budgetary funds is regulated by Article 48 of the Law “On Advocacy and Legal Assistance”. At the same time, the amount of payment for state-guaranteed legal assistance provided by a lawyer and reimbursement of expenses related to legal consultation, defence and representation, as well as the conduct of conciliation procedures, was approved by Resolution No. 834 of the Government of the Republic of Kazakhstan dated 13 December 2018. The procedure for payment for legal assistance provided by a lawyer and reimbursement of the relevant expenses in such cases is established by the Rules for Payment for State-Guaranteed Legal Assistance Provided by a Lawyer and Reimbursement of Expenses Related to Legal Consultation, Defence and Representation, as well as the Conduct of Conciliation Procedures, approved by Order No. 617 of the Minister of Justice of the Republic of Kazakhstan dated 8 December 2015 (see also paragraphs 1, 3–7 and 16–17 of Regulatory Resolution No. 6 of the Supreme Court of the Republic of Kazakhstan dated 29 June 2018 “On the Recovery of Procedural Costs in Criminal Cases”). The full text of the Rules is provided in the commentary on the provisions of Article 68 of the CPC.
•  
•  
•  
•  
•  
• Commentary (2020) on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honoured Worker of the Ministry of Internal Affairs of the Republic of Kazakhstan.
•  
• Constitution Law Code Regulatory Act Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal Consultation Civil Criminal Administrative cases and disputes Defence Arbitration Legal Company of Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Rules Note Regulations Programme Charter Statute Charter Article Commentary Resolution Regulations Protocol Draft Programme Rules Addresses