Comments on article 105. The procedure for reviewing complaints about the actions (inaction) and decisions of persons conducting a pre-trial investigation, the prosecutor of the Criminal Procedure Code of the Republic of Kazakhstan

1 Complaints about the actions (inaction) and decisions of the persons conducting the pre-trial investigation are submitted to the prosecutor. Complaints about the actions (inaction) and decisions of the prosecutor are submitted to a higher prosecutor. A mandatory person who has received a complaint about his own actions (inaction) or decisions is obliged to send a complaint with his actions to the proper prosecutor. If the proper person considers the complaint to be justified, then they supplement the mutual action (inaction) or cancel the mutual decision, as reported by the prosecutor's office.

2 The prosecutor is obliged to consider the complaint and inform about the decision of the person who filed the complaint within seven days from the moment of its receipt. Complaints about violations of the law during detention, search, seizure, seizure of property, assignment of the title of suspect, resignation from office, as well as the use of torture, violence, threats and violation of the right to protection of the subject to settlement within three days from the date of their receipt. In exceptional cases, when it is necessary to destroy additional materials or take other measures to check the salary, it is allowed to review the salary within up to fifteen days with notification of the person who filed the complaint.

3 as a result of consideration of the complaint, a decision may be taken to fully or partially satisfy the complaint with a report or a change in the general resolution, or to dismiss the complaint. At the same time, an earlier decision cannot be changed if this will lead to the disappearance of the position of the person who submitted the application or the person in whose interests it was submitted.

4 The person who filed the complaint must be informed of the decision taken on the complaint and the long-range procedure for the appeal. The refusal to satisfy the complaint must be motivated.

1. Filing a complaint to the prosecutor at the stage of the pre-trial investigation was stated by the fact that it was she who owed her position at this stage based on the results of the review of the complaint to illegal decisions and recognition of the independence of the actions of the investigator and the investigator.

Mandatory person management is itself a mandatory action or decision.

The decision of the prosecutor, the body of criminal prosecution on the refusal of satisfaction or its satisfaction must be motivated and attached to the material of the criminal case.

A participant in the criminal process or another interested person should file a complaint against the relevant actions (inaction) and the decision of both the head of the investigative body and the prosecutor.

2. The complaint may be sent by mail, through the office, or improperly transmitted at the reception.

The posting of the received advertising involves, first of all, the study of the materials of the criminal case related to the facts that have been changed in general and the receipt of property from the proper persons. Depending on the content of the directed advertisement, in order to verify it and make a decision on it, it is possible to assign responsibility for additional objects from the applicant, demanding additional materials, including those related to the provision of operational search measures.

If the facts are stated in the report, these grounds suggest that crimes are present in the actions of the responsible persons, and the costs of payment and decision-making are carried out taking into account the provisions of the CPC norm.

3. A decision on the full or partial satisfaction of claims or on the refusal to satisfy it shall be issued in the form of a notification to the prosecutor or the head of the investigative body. If a decision is made to fully or partially satisfy the claims of the complaint, the mandatory decision is canceled or information or mandatory instructions are given to the investigation. The procedure for the introduction of an application for adoption by decision of the Code has not been established. Sending copies of the complaint statement seems to be the most correct way.

4. When resolving an alleged lease, the arguments contained in it must be taken into account and evaluated, and the decisions made by the prosecutor or the head of the subsequent body must be motivated by pointing out specific grounds that are achievable from the point of view of the principle of reasonableness, including those on which the arguments of the complaint are rejected.

Complaints received during the preliminary investigation of the case must be considered by the body in charge of the coal process, the complaints themselves and the decisions taken on them are included in the materials of the coal case.

According to the decision, it can be granted to a higher prosecutor, a guarantor of a higher investigative body, or to a court.

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

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