Commentary on Article 95. Ensuring the Safety of Judges, Jurors, Prosecutors, Investigators, Inquirers, Defense Counsel, Experts, Specialists, Court Hearing Secretaries, and Court Bailiffs of the Criminal Procedure Code of the Republic of Kazakhstan
1. A judge, investigating judge, juror, prosecutor, investigator, inquirer, defense counsel, expert, specialist, court hearing secretary, court bailiff, as well as members of their families and close relatives, shall be under the protection of the State.
2. The State shall ensure, in accordance with the procedure established by law, the adoption of security measures for the persons listed in part one of this Article against encroachments on their lives or other acts of violence in connection with the consideration of criminal cases or materials in court or the conduct of pre-trial investigations.
Criminal proceedings are always accompanied by resistance from persons who have committed criminal offenses to the normal course of pre-trial investigations and court proceedings. Such resistance is particularly characteristic of crimes committed as part of criminal groups (Part 3 of Article 31 of the Criminal Code). Within the meaning of the provisions of Chapter 12 of the Criminal Procedure Code, security measures in respect of participants in criminal proceedings are generally applied throughout the entire proceedings in a criminal case, at any stage of the criminal process (Articles 95–98 of the Criminal Procedure Code).
According to Part 1 of Article 95 of the Criminal Procedure Code, during criminal proceedings, state protection may be provided both to persons classified as participants in criminal proceedings and to members of their families and close relatives.
Since great importance is attached to the safety of participants in criminal proceedings, a system of various state protection measures has been developed at the state level to protect the lives, health, property, legitimate rights and interests of persons participating in criminal proceedings, members of their families and close relatives, and to ensure their safety for the purpose of preventing unlawful interference in criminal proceedings. In addition to the provisions of the Criminal Procedure Code, this system is reflected in a special Law (the Law of July 5, 2000, “On State Protection of Persons Participating in Criminal Proceedings”), which specifies the rights and obligations of the bodies authorized to decide on the application of security measures and the bodies responsible for implementing such measures (the implementation of security measures is entrusted to the national security bodies, internal affairs bodies, military administration bodies, the anti-corruption service, and the economic investigation service) (Articles 2, 26-1–28 of the Law).
Furthermore, pursuant to the provisions of the Criminal Procedure Code and this Law, all law enforcement and special state bodies have developed relevant orders regulating specific methods and techniques for applying and ensuring security measures in criminal proceedings.
Alongside the foregoing, participants in criminal proceedings are protected by criminal legislation, which provides for liability for obstructing the administration of justice and the conduct of pre-trial investigations (Article 407 of the Criminal Code); encroachment on the life of a person administering justice or conducting a pre-trial investigation (Article 408 of the Criminal Code); threats or acts of violence in connection with the administration of justice or the conduct of a pre-trial investigation (Article 409 of the Criminal Code); and disclosure of information concerning security measures applied in respect of persons subject to state protection (Article 424 of the Criminal Code).
Commentary of 2020 on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishuly Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, and Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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