Article 288. Resolution on termination of pre-trial investigation of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. A reasoned resolution is issued on the termination of the pre-trial investigation.
2. The introductory part of the resolution indicates the time and place of its compilation, the name and position of the person who made the decision to terminate.
3. The descriptive and motivational part of the resolution sets out the circumstances that served as the basis for the termination of the criminal case, indicating information about the person suspected of committing a criminal offense, the nature of the suspicion, qualifications in accordance with the criminal law and the measure of restraint used.
4. The operative part of the resolution sets out the decision to terminate the case with reference to the article (part, paragraph) of this Code, which served as the basis for the termination of the pre-trial investigation, an instruction to cancel the preventive measure, seizure of property, temporary suspension from office, wiretapping and recording of negotiations, other measures of procedural coercion, investigative and procedural actions that restrict the rights of the participants in the process, the fate of the physical evidence, as well as the decision to cancel or continue the implementation of personal security measures in relation to the protected person., if they have been applied.
5. If several suspects or accused are involved in the case, and the grounds for termination do not apply to all suspects or accused, then criminal prosecution is terminated in respect of individual suspects or accused.
Termination of criminal prosecution against individual suspects and accused persons is not an obstacle to the continuation of pre-trial investigation of the relevant criminal offense against other persons.
6. Upon termination of the pre-trial investigation on the grounds provided for in paragraphs 1) and 2) of the first and third parts of Article 35 of this Code, it is not allowed to include in the resolution formulations that cast doubt on the innocence of the person in respect of whom the decision was made.
President
Republic of Kazakhstan
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