Commentary on Article 176. Reimbursement of Expenses Incurred by Persons Participating in Criminal Proceedings of the Criminal Procedure Code of the Republic of Kazakhstan

• 1. In criminal proceedings, the following expenses of the victim, civil claimant, their legal representatives, attorneys providing legal assistance as defense counsel or representatives of the victim (private prosecutor) upon appointment by the body conducting the criminal proceedings in the cases provided for by part three of Article 67 and part two of Article 76 of this Code, attesting witnesses, interpreters, specialists, experts, witnesses, and candidates for jurors summoned to court but not selected as members of the jury shall be reimbursed from budgetary funds:
• 1) expenses incurred in appearing upon summons by the body conducting the criminal proceedings;
• 2) the cost of travel by railway, water, road (excluding taxis) and other means of transport available in the given locality, and, with the consent of the body conducting the criminal proceedings, the cost of air travel; the cost of renting accommodation in accordance with the standards adopted for payment of official business trips, provided that such expenses are not reimbursed by the organization or employer;
• 3) daily allowances where it is necessary for these persons, at the request of the body conducting the criminal proceedings, to reside outside their permanent place of residence, provided that such daily allowances are not reimbursed by the organization or employer;
• 4) average earnings for the entire period spent participating in criminal proceedings at the request of the body conducting the criminal proceedings, except in cases where their average earnings are retained by the organization or employer;
• 5) expenses for the restoration or acquisition of property that has lost its quality or has been lost as a result of a person's participation in an investigative or other procedural action at the request of the body conducting the criminal proceedings.
• 2. State bodies and organizations shall be obliged to retain the average earnings of the victim, their legal representative, attesting witness, interpreter, specialist, expert, witness, and candidate for juror summoned to court but not selected as a member of the jury, for the entire period spent by them participating in criminal proceedings at the request of the body conducting the criminal proceedings.
• 3. Specialists and experts shall also be reimbursed for the cost of chemical reagents and other consumable materials belonging to them and used in performing the assigned work, as well as fees paid by them for the use of equipment, utilities and other services required to perform the work.
• 4. Expenses incurred in the course of criminal proceedings shall be reimbursed upon application by the persons listed in part one of this Article, on the basis of a resolution of the body conducting the criminal proceedings, in the amount established by law. The procedure for payment of the specified expenses shall be determined by the Government of the Republic of Kazakhstan. The specified expenses may also be reimbursed at the expense of the party that engaged the persons listed in part one of this Article to participate in an investigative action, or in other cases provided for by this Code. The expenses provided for in paragraphs 1), 2) and 4) of part one of this Article may be reimbursed by the body conducting the criminal proceedings, on its own initiative, in accordance with the law.
• Note. An amendment was made to Article 176 in the Kazakh-language version; the Russian-language text remains unchanged, in accordance with Law No. 84-VI of the Republic of Kazakhstan dated July 3, 2017 (shall enter into force upon the expiration of ten calendar days after the date of its first official publication).
• The provisions of Article 176 of the CPC regulate the procedure for reimbursing, from state funds, the expenses of the persons listed in part 1 of this Article. The list of persons whose expenses incurred in connection with their participation in criminal proceedings may be reimbursed, as set out in part 1 of Article 176 of the CPC, is exhaustive.
• The expenses of the above-mentioned persons, subject to certain exceptions, mainly include documented expenses eligible for reimbursement from the republican budget in connection with appearing upon summons by the body conducting the criminal proceedings (travel and accommodation); daily allowances; average earnings; and other objective expenses incurred by the victim, civil claimant, their legal representatives, attorneys, attesting witness, interpreter, specialist, expert, witness, and candidate for juror not selected as a member of the jury.
• Within the meaning of parts 1 and 4 of this Article, the above-mentioned expenses may also be reimbursed from the funds of the party that engaged these persons to participate in investigative or procedural actions and, in certain cases, even from the funds of the organization or employer.
• In all cases, the average earnings of the above-mentioned persons (except for attorneys) shall be retained if they are employed by state bodies and organizations (part 2 of Article 176 of the CPC).
• Expenses incurred in the course of criminal proceedings shall be reimbursed upon application by the persons specified in parts 1 and 3 of Article 176 of the CPC, on the basis of a resolution of the body conducting the criminal proceedings.
• In general, the procedure for payment of the specified expenses from the funds of the republican budget is regulated by Resolution No. 1070 of the Government of the Republic of Kazakhstan dated October 9, 2014, “On Certain Issues of Reimbursement of Expenses Incurred by Persons in the Course of Criminal Proceedings.” The full text of the Rules for Payment of Expenses Incurred by Persons in the Course of Criminal Proceedings, approved by the above-mentioned Resolution, is provided in the commentary to the provisions of Article 71 of the CPC.
• Commentary of 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, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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