The lawyer is a lawyer in court cases in Almaty for Appealing the decisions of the investigating judge.

A decision to authorize the detention or house arrest of a suspect or accused, or to refuse to do so, may be appealed or protested in accordance with the procedure provided for in article 107 of the draft CPC. According to this rule, the following persons have the right to appeal the decision of the investigating judge: the suspect, his defender, legal representative, victim, his legal representative, representative, and the prosecutor has the right to appeal the decision of the investigating judge. In relation to the issue under consideration, complaints/protests may be filed against the decisions of the investigating judge.: 1. on the authorization of a preventive measure in the form of detention of a suspect, extradition arrest, house arrest, bail 2. on the extension of the period of detention, house arrest; 3. on the refusal to authorize the detention of a suspect, extradition arrest, house arrest, bail 4. on the refusal to extend the period of detention in custody, house arrest; 5. on the cancellation or refusal to cancel an authorized preventive measure; A complaint or protest against the decision of an investigating judge is filed in the manner prescribed for appeal or appeal against judicial acts to a regional or equivalent court through the court whose investigating judge issued the decision.

A complaint or protest may be filed within three days of the announcement of the resolution. A deadline missed for a valid reason may be restored at the request of an interested person in accordance with article 50 of the draft CPC. Upon expiration of the time limit for appeal, the materials with the complaint or protest are sent to the regional or equivalent court with notification of the applicant and the prosecutor.

The lawyer is a lawyer in court cases in Almaty for Appealing the decisions of the investigating judge.

It should be borne in mind that filing a complaint or protesting does not suspend the execution of the decisions contained in the judge's ruling on the issues specified in paragraphs 1), 2) of article 107 of the draft (on authorizing a preventive measure in the form of detention of a suspect, extradition arrest, house arrest, bail; on extending the period of detention, house arrest; refusal to authorize the detention of a suspect, extradition arrest, house arrest, bail; refusal to extend the period of detention, house arrest). A complaint or protest against the decision of an investigating judge is considered solely by a judge of a regional or equivalent court in compliance with the rules provided for the consideration of an application by an investigating judge. A judge of a regional or equivalent court shall, no later than three days after the receipt of a complaint or protest to the court, verify the legality and validity of the decision of the investigating judge. The prosecutor and the suspect's defense attorney participate in the court session. The meeting may also be attended by the suspect, the suspect's legal representative, the victim, his legal representative and representative, and other persons whose rights and interests are affected by the appealed decision, whose failure to appear upon timely notification of the time of consideration of the complaint or protest does not prevent their judicial review. Having heard the arguments of the parties, having considered the submitted materials, the court issues one of the following reasoned decisions: 1) on leaving the decision of the investigating judge of the district or equivalent court unchanged; 2) on the amendment of the decision of the investigating judge 3) on the cancellation of the decision of the investigating judge and the issuance of a new decision. In case of cancellation of the decision of a judge of a district or equivalent court to refuse to authorize detention, consideration by the regional or equivalent court of the issue of authorizing the detention of the accused or suspect is carried out in accordance with the procedure provided for in article 107 of the draft CPC. The decision of a judge of a regional or equivalent court, issued as a result of consideration of a complaint or protest, comes into legal force from the moment of announcement. The decision taken based on the results of consideration of the complaint or protest is final, and is not subject to further appeal or protest.

A copy of the decision of the judge of the regional or equivalent court is sent to the pre-trial investigation body, as well as to the prosecutor, the suspect, his lawyer and a representative of the administration of the place of detention of the person and is subject to immediate execution. An appeal against the decision to extradite a person accused of committing a crime or convicted on the territory of a foreign State and judicial review of its legality and validity are carried out in accordance with the procedure provided for in article 594 of the draft CPC. If necessary, repeated application to the court for the authorization of a preventive measure in the form of detention in respect of the same person in the same criminal case after the decision of the investigating judge, the judge of the regional or equivalent court to refuse to authorize the specified preventive measure is possible only if new circumstances arise justifying the need for detention. guards.  The cancellation or modification of a preventive measure authorized by an investigating judge or a judge of a regional or equivalent court is carried out by a reasoned decision of the body conducting the criminal process, with the consent of the prosecutor, except in cases provided for in part 8 of Article 145 of the draft CPC (posting bail by order of the investigating judge entails the release of a person from custody by the head of his place of residence content). Appeals against the decision to cancel a preventive measure in the form of bail, detention or house arrest are carried out in accordance with the procedure provided for in article 107 of the draft CPC. When granting a request for the authorization of a preventive measure in the form of detention, a judge should keep in mind that the arrested person retains his right to custody and supervision of property.

In accordance with article 154 of the draft CPC, minors, as well as disabled persons who have been left in custody of a parent or breadwinner without supervision, care and livelihood, have the right to care, which the criminal prosecution authority is obliged to provide them at the expense of the republican budget. In his decision, the judge must indicate this duty of the criminal prosecution authority. Instructions from the body conducting the criminal process to organize the supervision, care and temporary placement of disabled persons in state social assistance bodies or a medical organization are mandatory for the guardianship and guardianship authority, as well as for the heads of these organizations. The body conducting the criminal proceedings also has the right to entrust the care of minors and disabled persons to their relatives with the consent of the latter. A person whose property has been left unattended as a result of his detention has the right to take care of his property and the animals belonging to him.

When considering whether to authorize a preventive measure, the judge must find out whether the suspect has property and animals, and who will take care of them. In the absence of such persons, the judge in the decision indicates that the body conducting the criminal process should ensure that the property and animals of the arrested person are looked after at his request and at his expense. The instructions of the body conducting the criminal process to organize the supervision of a person's property and animals belonging to him are mandatory for the relevant state bodies and organizations. The body conducting the criminal proceedings shall immediately notify the person to whom detention has been applied as a preventive measure, or another interested person, of the measures of care and supervision taken. 

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