Commentary to article 104. The general procedure for reviewing complaints The Criminal Procedure Code of the Republic of Kazakhstan

1 It is prohibited to entrust the examination of a complaint to the inquirer, investigator, prosecutor or judge whose actions are being appealed, as well as to the official who approved the appealed decision.

2 When considering a complaint, the prosecutor or judge must verify all the arguments set out in it, request additional materials if necessary, and receive written explanations from relevant officials, individuals or legal entities regarding the actions and decisions being appealed.

3 The prosecutor or judge considering the complaint is obliged, within the limits of his powers, to immediately take measures to restore the violated rights and legitimate interests of participants in the criminal process, as well as other individuals or legal entities.

4 If moral, physical or property harm has been caused to an individual or legal entity by the unlawful actions or decisions complained of, the right to compensation or elimination of harm and the procedure for exercising this right provided for in Chapter 4 of this Code must be explained to him.

1. The norm of Part 1 of Article 104 is addressed to the heads of pre-trial investigation bodies, higher prosecutors or courts and is aimed at maintaining the necessary level of objectivity, legality and reasonableness of consideration of the complaint.,

2. Based on the results of consideration of the complaint, the prosecutor has the right to cancel the illegal procedural decision of the pre-trial investigation body or to terminate the appealed action and take appropriate measures to restore the legitimate rights and interests of individuals and legal entities, including compensation for the damage caused to them.

In the pre-trial stages, the investigating judge, having recognized the complaint as justified, issues a ruling by which he cancels the recognized illegal procedural decision or obliges the prosecutor by his decision to eliminate the violation of the rights and legitimate interests of a citizen or organization.

It is prohibited to entrust the examination of a complaint to the inquirer, investigator, prosecutor or judge whose actions are being appealed, as well as to the official who approved the appealed decision. In the judicial stages, in principle, the assignment of consideration of the complaint to the judge whose decisions and actions are being appealed is excluded.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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