On amendments and additions to the Criminal Code of the Republic of Kazakhstan, the Code of Criminal Procedure of the Republic of Kazakhstan and the Code of Administrative Offences of the Republic of Kazakhstan
The Law of the Republic of Kazakhstan dated July 1, 2026 No. 331-VIII SAM
Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Criminal Code of the Republic of Kazakhstan dated July 3, 2014:
""In part 1-1 of Article 467, the digits "2027" should be replaced by the digits "2030".
2. To the Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014:
1) in article 59:
"Paragraph 7" of Part two, after the words "to send criminal cases to the prosecutor with", add the words "with an indictment or";
"add "the indictment or" to the third sentence of part four after the words "referral of the criminal case to the prosecutor with";
"2)"add the words "indictment or" to the first paragraph of the third part of Article 60 after the word "drafting".;
"3") add the words "indictment or" to the first paragraph of the fifth part of Article 62 after the words "pre-trial investigation; approves".;
"4)"add the words "indictment or" to the third sentence of the sixth part of Article 63 after the words "protocol of the indictment,";
5) in article 65:
Paragraph 1) of the first part should be worded as follows:
"1) the prosecutor has drawn up or approved an indictment;";
"paragraph 2" of the fifth part, after the word "drafted", add the words "or approved".;
"6") add the words "indictment or" to the thirteenth part of Article 151 after the words "received with".;
7) ""after the words "received with", add the words "the indictment or" to the seventh part of Article 152.;
"8") add the words "indictment or" to the first paragraph of the second part of Article 192 after the words "termination of the criminal case.";
9) in article 193:
Paragraph 16) of the first part should be worded as follows:
"16) approves or draws up an indictment, taking into account the requirements of the first part of Article 298 of this Code;";
"paragraph 9" of the second paragraph of the second part after the word "compilation" should be supplemented with the words "or approval".;
"10") add the words "indictment or" to the second part of Article 195 after the words "protocol of the indictment,";
"11") add the words "indictment or" to the title of Chapter 38 after the word "Drafting".;
12) the title and the first part of Article 298 should be worded as follows:
"Article 298. Drawing up an indictment or a report on the completion of a pre-trial investigation
1. After reviewing the materials of the criminal case of the participants in the process and resolving their petitions, the person conducting the pre-trial investigation shall draw up:
1) report on the completion of the pre–trial investigation - in cases of particularly serious crimes investigated by investigators of the internal affairs bodies and the economic investigation Service, corruption crimes provided for in paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those connected with cases of other criminal offenses, as well as in cases provided for in articles 547, 548, 549, 550, 551 and 551-1 of this Code;
2) the indictment – in cases of other crimes.";
13) add article 299-1 as follows:
"Article 299-1. The content of the indictment drawn up by the persons conducting the pre-trial investigation
1. The indictment consists of an introductory, descriptive, motivational and resolute parts.
2. The introductory part specifies:
1) the date and place of the indictment;
2) the position, surname and initials of the person who drafted the indictment;
3) last name, first name and patronymic (if it is indicated in the identity document), date, month, year and place of birth of the suspect.
3. The descriptive and motivational part sets out:
1) the event, time, place of the committed criminal offense, its method, motive, consequences, qualifications and other circumstances;
2) information about the victim, the nature and amount of the damage caused to him;
3) information about the property obtained by committing a criminal offense;
4) circumstances aggravating and mitigating the responsibility of the suspect;
5) information about the suspect (nationality, marital status, occupation, education, place of residence, criminal record), other data characterizing him, and the preventive measure chosen against him;
6) a list of evidence confirming the circumstances that serve as the basis for the person's accusation;
7) information about the circumstances that are prerequisites for the use of alcohol, drug or other addiction treatment.
4. The operative part of the indictment indicates the surname, first name and patronymic (if it is indicated in the identity document) of the suspect, the specific article, part and paragraph of the article of the criminal law that qualifies the act charged against him, and the referral of the criminal case by the person conducting the pre-trial investigation to the prosecutor to resolve the issue of approving the indictment and sending the criminal case to the court for consideration on the merits.
5. The indictment is signed by the person who drafted it.
6. If a person is accused of committing several criminal offenses provided for in different articles, parts or paragraphs of the criminal law, the indictment must specify the qualifications of each of these criminal offenses separately.
When several persons are accused of committing a single criminal offense, the indictment specifies the qualification of the criminal offense in relation to each suspect.
7. The documents provided for in part three of Article 299 of this Code shall be attached to the indictment.";
14) in article 300:
The title should be worded as follows:
"Article 300. Referral of the criminal case to the prosecutor";
Add ""indictment or"" to the first part after the words "Criminal case with".;
"15") add the words "indictment or" to the title of chapter 39 after the words "to the applicant with".;
16) in article 301:
Add ""indictment or"" to the headline after the words "received with".;
Add ""the indictment or"" to the first paragraph after the words "examines what has been received from".;
17) in article 302:
add ""indictment or"" to the headline after the words "to the applicant with".;
in part one:
Paragraph 1) should be worded as follows:
"1) in cases received with a report on the completion of the pre-trial investigation, draw up an indictment, and in cases received with an indictment, approve it;";
add paragraph 2-1) to read as follows:
"2-1) in case of disagreement with the indictment drawn up by the person conducting the pre-trial investigation, resubmit the indictment;";
18) in article 314:
delete the second paragraph of the third part;
add the following note:
"Note. In this article, the place of completion of the pre-trial investigation is understood to mean the place where the indictment is drawn up, the report on the completion of the pre-trial investigation, the protocol of the prosecution, the protocol of the accelerated pre-trial investigation, the protocol on criminal misconduct, and the decision to send the case to court for the application of compulsory medical measures.";
19) in the third part of article 537, the word "prosecutor" should be deleted.
3. To the Code of the Republic of Kazakhstan on Administrative Offences dated July 5, 2014:
1) add the following second paragraph to article 61:
"In the case of the release of a person from administrative punishment on the basis of an amnesty act eliminating the application of administrative punishment, the period during which the person is considered to have been subjected to administrative punishment is calculated from the date of application of the amnesty act.";
2) add the following second paragraph to the first part of Article 63::
"When applying the amnesty act, the consent of the offender and the victim (if any) is not required.";
3) in article 726:
Add ""641 (in relation to critically important digital objects)" to the first part after the numbers "519".;
in part two:
Add ""641 (for critical digital objects)" after the numbers "519".
Replace "department" and "its" with "services, departments and their";
4) add subparagraph 16) to the first part of Article 741 as follows:
"16) the existence of an act of amnesty.";
5) add subparagraph 3) to the first part of Article 821 as follows:
"3) on exemption from administrative punishment on the basis of an act of amnesty.";
"6)"in the first part of Article 861, the words "and 11)" should be replaced by the words ", 11) and 16)";
7) add the words "except in cases of application of the amnesty act" to the second part of Article 887;
8) add article 889-1 as follows:
"Article 889-1. Termination of the execution of an administrative penalty in connection with an act of amnesty using a digital system
1. The execution of the decision on the imposition of an administrative penalty is subject to termination in the cases and in the manner provided for by the amnesty act, which applies to the relevant administrative offenses.
2. The register of persons subject to the amnesty act can be formed by a Single Register of administrative proceedings by algorithmic decision based on the criteria available in the digital system, defined by the amnesty act.
3. In cases of administrative offenses registered in the register of persons subject to the amnesty act, the decision on the application of the amnesty act is made by the authorized body (official) in digital format and is certified by means of an electronic digital signature of the authorized body (official).
The person against whom an administrative offence case has been initiated shall be notified of the termination of the execution of an administrative penalty in accordance with the procedure provided for in Article 743 of this Code.".
Article 2. This Law shall enter into force from the date of its first official publication, with the exception of:
1) subparagraph 3) of paragraph 3 of Article 1, which will enter into force on July 12, 2026;
2) paragraph 2 of Article 1, which will enter into force on January 1, 2027.
President
Republic of Kazakhstan
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