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Within the framework of the pre-trial investigation of a criminal case , the body conducting criminal proceedings, when evaluating evidence in criminal cases, is obliged to strictly observe the principles established by the Constitution of the Republic of Kazakhstan and the norms of the Criminal Procedure Code of the Republic of Kazakhstan.
Evidence in a case is legally obtained factual data, on the basis of which, in accordance with the procedure established by the criminal procedure law, the body conducting the criminal proceedings establishes the presence or absence of a criminal act, the commission or non-commission of this act by the suspect, accused or defendant, their guilt or innocence, as well as other circumstances that are important for the correct resolution of the case.
The correct resolution of the case must be based only on factual data established by the testimony of the suspect, accused, defendant, victim, witness entitled to defence, expert opinion, material evidence, protocols of procedural actions and other documents.
Evidence can be obtained in the course of operational-search activities, verification of materials before registration of the application, reporting a criminal offense in the Unified Register of Pre-trial Investigations, pre-trial proceedings in the case and the main trial.
Factual data obtained from sources not provided for by law cannot be recognized as evidence and such criminal cases must be terminated within the framework of the pre-trial investigation.
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