Article 547. Pre-trial investigation against a deputy of the Parliament of the Republic of Kazakhstan CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 547. Pre-trial investigation against a deputy of the Parliament of the Republic of Kazakhstan CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. After registration of the reason for the start of the pre-trial investigation in the Unified Register, the pre-trial investigation against a deputy of the Parliament of the Republic of Kazakhstan may be continued only with the consent of the Prosecutor General of the Republic of Kazakhstan.

In cases where a deputy of the Parliament of the Republic of Kazakhstan is detained at the scene of a crime or the fact of preparation or attempted commission of a grave or especially grave crime has been established, or he has committed a grave or especially grave crime, the pre-trial investigation against him may be continued until the consent of the Prosecutor General of the Republic of Kazakhstan is obtained, but with mandatory notification within 24 hours.

The preliminary investigation of cases against a deputy of the Parliament of the Republic of Kazakhstan is mandatory.

The Prosecutor General of the Republic of Kazakhstan, within two days after receiving the notification, examines the legality of the procedural actions performed and agrees to continue the pre-trial investigation with a decision on this, or refuses to do so with the termination of the pre-trial investigation. If the pre-trial investigation is continued unlawfully before obtaining the consent of the Prosecutor General of the Republic of Kazakhstan, its results cannot be admitted as evidence in a criminal case.

2. A resolution on the qualification of the act of a suspected deputy of the Parliament of the Republic of Kazakhstan is issued by the Prosecutor General of the Republic of Kazakhstan.

3. During his term of office, a deputy of the Parliament of the Republic of Kazakhstan may not be detained, detained, house arrested, brought to criminal responsibility without the consent of the relevant Chamber to be deprived of immunity, except in cases of arrest at the scene of a crime or the commission of grave or especially grave crimes.

4. To obtain consent to bring a deputy of the Parliament of the Republic of Kazakhstan to criminal responsibility, detention, detention, house arrest, and summons, the Prosecutor General of the Republic of Kazakhstan submits a submission to the Senate or the Mazhilis of the Parliament of the Republic of Kazakhstan. The submission is made before presenting to the deputy a resolution on the qualification of the suspect's act, submitting to the court a petition for authorizing a preventive measure in the form of detention, house arrest, deciding on the need for detention, or forcibly bringing the deputy to the pre-trial investigation body.

5. The issue of authorizing a preventive measure in the form of detention or house arrest of a deputy of the Parliament of the Republic of Kazakhstan suspected of committing a crime is resolved by an investigating judge of the specialized interdistrict investigative court of the capital on the basis of a resolution of the person conducting the pre-trial investigation, supported by the Prosecutor General of the Republic of Kazakhstan. A petition for an extension of the period of detention or house arrest in respect of a deputy of the Parliament of the Republic of Kazakhstan in accordance with the procedure provided for by this Code may be sent to court only if it is supported by the Prosecutor General of the Republic of Kazakhstan.

6. If the relevant Chamber of the Parliament of the Republic of Kazakhstan agrees to bring a deputy to criminal responsibility, further investigation shall be carried out in accordance with the procedure established by this Code, taking into account the specifics provided for in this article.

7. If the relevant Chamber of the Parliament of the Republic of Kazakhstan agrees to the detention, detention, house arrest, or summoning, the issue of applying these preventive measures and procedural coercion to a deputy shall be resolved in accordance with the procedure established by this Code.

8. If the relevant Chamber of the Parliament of the Republic of Kazakhstan has not given consent to bring the deputy to criminal responsibility, the criminal case is subject to termination on this basis.

9. If the relevant Chamber of the Parliament of the Republic of Kazakhstan has not given consent to the application of a preventive measure, procedural coercion in the form of detention, house arrest, detention, or drive to a deputy, these measures cannot be applied to him. The consent of the relevant Chambers of Parliament is not required for the application of other procedural coercion measures against a deputy, and they may be applied in accordance with the procedure established by this Code.

10. Supervision of the legality of the pre-trial investigation against a deputy of the Parliament of the Republic of Kazakhstan is carried out by the Prosecutor General of the Republic of Kazakhstan. Sanctions for the conduct of investigative actions, which according to this Code are subject to authorization, in respect of a deputy of the Parliament of the Republic of Kazakhstan are given by the investigating judge of the specialized interdistrict investigative court of the capital on the basis of a resolution of the person conducting the pre-trial investigation, agreed with the Prosecutor General of the Republic of Kazakhstan.

11. Upon completion of the investigation, the criminal case with a report on the completion of the pre–trial investigation is transferred in accordance with the procedure established by this Code to the Prosecutor General of the Republic of Kazakhstan, who performs the actions provided for in Articles 301 - 305 of this Code. A case investigated against a deputy may be accepted for trial by the relevant court only if there is an indictment drawn up by the Prosecutor General of the Republic of Kazakhstan.

Note. In the articles of this chapter, deprivation of immunity is understood to mean giving consent to criminal prosecution and the use of procedural coercion measures.

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