Commentary to article 171. Securing a civil claim The Criminal Procedure Code of the Republic of Kazakhstan
When a civil plaintiff submits a civil claim, the criminal prosecution body is obliged to take measures to ensure it. If such measures have not been taken, the court, in preparation for the main trial in accordance with Article 325 of this Code, shall oblige the criminal prosecution body to take them. When a civil claim is filed at the stage of the trial, the court issues a resolution on securing the civil claim.
1. Measures to secure a civil claim during pre-trial proceedings in a case must be taken by the inquirer, investigator, and prosecutor, respectively.
In accordance with paragraph 6 of Article 320 of the CPC, the judge in the case submitted to the court must find out whether measures were taken during the inquiry or preliminary investigation to ensure compensation for damage caused by a crime or an act of an insane person prohibited by criminal law.
Failure to take measures to secure a civil claim is not an obstacle to the appointment of the main trial, does not entail the suspension of proceedings in the case and is not a reason for returning the case to the prosecutor.
2. Having established that it is necessary to take measures to ensure a civil claim, the judge, in accordance with Article 325 of this Code, issues a resolution by which he obliges the criminal prosecution authorities to take the necessary security measures, as well as measures for the safety of property seized in order to ensure a civil claim (seizure of property and its transfer for safekeeping, etc.).
In the decision on the appointment of the main trial, the court, in addition to other issues specified in article 322 of the CPC, must also indicate the summoning of civil plaintiffs and defendants to the court session.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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