Article 210. General rules for conducting interrogations Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 210. General rules for conducting interrogations Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

1.a person conducting a pre-trial investigation must make sure of the identity of the person being interrogated before the interrogation. If the interrogated person doubts whether he knows the language in which the case is being filed, it is determined in which language he wants to give evidence. If necessary, it is provided free of charge by an interpreter.

2. The person invited for questioning shall be informed of how he or she will be questioned, in which criminal case, the rights and obligations provided for in this Code are explained, and a note is made in the protocol.

Persons called up for the same case are responsible separately from other interrogated persons. The person conducting the pre-trial investigation takes measures to ensure that persons called for questioning in the same case cannot communicate with each other before the start of the interrogation.

3.the interrogation begins with an offer to tell the interrogated person about the circumstances of the case that have become known to him. If the interrogated person speaks of circumstances that are not at all related to the case, he must be warned about this.

4.at the end of the free presentation, the interrogated person may be asked questions aimed at clarifying and supplementing the testimony. It is forbidden to ask leading questions.

5.if the testimony is related to digital data or other information difficult to remember, the interrogated person has the right to use documents and records, which may be attached to the protocol at the request of the interrogated person or with his consent.

6.if, during the interrogation, physical evidence and documents are shown to the interrogated person, protocols of other investigative actions are disclosed and audio and (or) video recording of the investigative action, film footage is heard, then a corresponding entry is made in the interrogation protocol. At the same time, the protocol shall indicate the testimony of the interrogated person on the evidence presented to him, the disclosed protocols, audio and (or) video recordings of the investigative actions shown in the hearing, and the film footage.

7. The interrogation of a witness, victim, suspect, or accused with complete loss of speech and/or hearing is carried out in the presence of a person with sign language translation skills. The participation of this person in the interrogation is reflected in the protocol.

8. If the interrogated person has a mental or other serious illness, the interrogation is carried out with the permission of the doctor and in his presence.

9.sound and video recording may be used during interrogation by the decision of the person conducting the pre-trial investigation, as well as at the request of the suspect, accused, witness or victim. The interrogated person is notified of the use of such sound - and video recording before the start of the interrogation.

10.audio and video recording must fully reflect the course of the interrogation and fully cover the testimony of the interrogated persons. It is not allowed to record part of the interrogation on audio and video, as well as to repeat it specifically for recording the testimony given during the same interrogation.

11. At the end of the interrogation, the audio and video recordings are fully heard by the interrogated person. Additions to the audio and video recordings of the testimony made by the interrogated person are also included in the phonogram and videogram. The audio and video recordings end with a statement from the interrogated person attesting to their authenticity.

12.evidence obtained during the interrogation using sound and video recording is included in the interrogation protocol. The interrogation protocol, as well as: a mark on the use of sound and video recording and the notification of it to the interrogated person; information on scientific and technical means, cases of sound and video recording and facts of its suspension, reasons and duration of termination; a statement of the interrogated person on the reason for using sound and video recording; a mark on the listening of sound and video recording to the interrogated person; the person being interrogated and the person conducting the pre-trial investigation must have certified the accuracy of the protocol and audio and video recording. The Phonogram and video are kept together with the case, and they are sealed after the end of the pre-trial investigation.

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

President

Republic of Kazakhstan

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