Article 301. Issues resolved by the prosecutor during the study of the criminal case received together with the report on the completion of the pre-trial investigation of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
The prosecutor, together with the report on the completion of the pre-trial investigation, examines the received criminal case and considers::
1) whether the act occurred or not and whether the Act contains the composition of a criminal offense;
2) whether there are circumstances in the case that lead to its termination;
3) whether the suspect's actions are subject to re-qualification;
4) whether the action against the person is confirmed by the evidence available in the case;
5) whether a person is recognized as a suspect in all identified criminal acts;
6) whether measures have been taken to bring to criminal responsibility all persons against whom evidence of committing a criminal offense has been obtained in the case;
7) whether there are grounds for choosing, changing or canceling a preventive measure in the case;
8) whether measures have been taken to ensure the filing of a civil claim and possible confiscation of property;
8-1) whether the property of the suspect, accused is related to a criminal offense, which is the basis for possible confiscation in cases stipulated by Article 48 of the Criminal Code of the Republic of Kazakhstan, and whether evidence is presented that this property belongs to the subject of confiscation;
8-2) whether a parallel financial investigation has been carried out or not; note of the ZKAI! Article 301 is provided for addition to paragraph 8-2) by the law of the Republic of Kazakhstan dated 16.07.2025 No. 210 – VIII (effective from 01.01.2027).
9) whether significant violations of Criminal Procedure Law were committed in the pre-trial investigation;
10) whether the criminal prosecution body has taken measures to determine the amounts of procedural costs and other amounts to ensure their recovery by the court;
11) checks the availability of grounds for concluding a procedural agreement.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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