Article 197. General rules for conducting investigative actions Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 197. General rules for conducting investigative actions Criminal Procedure Code of the Republic of Kazakhstan

1.a person conducting a pre-trial investigation, involving persons to participate in investigative actions provided for by law, makes sure of their identity, explains to them their rights and obligations, as well as the procedure for conducting investigative actions.

2.it is not allowed to conduct an investigative action at night, except in cases of non-postponement.

3. Scientific and technical means may be used in the course of investigative actions and scientifically sound methods may be used to identify, register and remove traces of a criminal offense and material evidence.

4. During the performance of investigative actions, the use of torture, violence, intimidation and other illegal measures, ill-treatment, as well as threats to the life and health of persons participating in it, is prohibited.

5. A person conducting a pre-trial investigation has the right to involve other employees of the criminal prosecution body in investigative actions.

6. The involvement of witnesses in the course of investigative actions provided for in parts thirteen and fourteen of Article 220, Article 252, part four of Article 254, Article 255, becomes mandatory, with the exception of the cases provided for in paragraph 2) of part three of Article 255 of this Code.

In other cases, when conducting investigative actions, scientific and technical means are necessarily used to record their progress and results.

In the absence of scientific and technical means of registration or the impossibility of their use, witnesses are involved in the conduct of investigative actions.

The procedure for using scientific and technical means recording the progress and results of actions is determined by the prosecutor general of the Republic of Kazakhstan in coordination with the relevant state bodies.

7.when conducting an investigative action with the participation of a minor, his legal representatives have the right to participate, as well as in cases provided for by this code, a teacher and (or) a psychologist are involved.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases