Article 408. Initiation of private charges CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 408. Initiation of private charges CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. A private prosecution is initiated by a person (several persons) by filing a complaint about bringing a person to criminal responsibility with the court in compliance with the rules on jurisdiction. If a complaint is filed with the body of inquiry, investigator or prosecutor, it must be sent to court.

2. The complaint must contain the name of the court to which it was filed, a description of the event of the criminal offense, the place and time of its commission with evidence, a request to the court to accept the case for trial, information about the person being prosecuted, the criminal law (article, part, paragraph) under which the person is being prosecuted. criminal liability, a list of witnesses whose summons to court is necessary. The complaint is signed by the person who submitted it. Anonymous complaints are not accepted for production.

3. A complaint may also contain a request for consideration of a civil claim if a statement of claim and the necessary materials in support of the claims are attached to the complaint.

4. The complaint is filed with the court in accordance with the territorial jurisdiction of the case, with copies according to the number of persons against whom a private prosecution case is being initiated.

5. If a private prosecution is initiated by several persons against the same person, they file one complaint jointly or separately independently of each other.

6. From the moment the court accepts the complaint for its proceedings, the person who filed it is a private prosecutor and a victim, and the rights provided for in Article 72 and parts three and four of Article 410 of this Code must be explained to him, about which a protocol is drawn up, signed by the judge and the person who filed the complaint.

7. If several persons are authorized to institute private charges against the same criminally punishable act and, at the request of one of them, it has already been initiated, the remaining persons have the right to enter into proceedings that have already begun. In this case, it is not necessary to initiate independent proceedings at the request of each of these persons.

8. The accused has the right to present a counter-accusation to the accuser if it is related to the subject of the criminally punishable act on which proceedings have been initiated. The accusation and the counter-accusation must be resolved simultaneously. The withdrawal of the charge does not affect the counter-charge proceedings.

9. A private charge may not be reopened if it has previously been withdrawn.

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Republic of Kazakhstan

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