Article 64. Suspect Code of Criminal Procedure of the Republic of Kazakhstan Code of Criminal Procedure of the Republic of Kazakhstan

     1. The suspect is a person:

     1) in respect of whom a decision has been issued to recognize him as a suspect, agreed with the prosecutor;

     1-1) questioned as a suspect in accordance with the procedure provided for in parts 1-2 of Article 202 of this Code, until the prosecutor refuses to approve the decision on recognizing the person as a suspect.;

     2) detained in accordance with Article 131 of this Code;

     3) in respect of which a decision has been issued on the qualification of the suspect's act by the prosecutor or the person conducting the pre-trial investigation, agreed with the prosecutor;

     4) questioned in connection with the suspicion of committing a criminal offense or criminal offenses specified in parts two to 11-1 of Article 191 of this Code.

     2. At the time of detention, the criminal prosecution body, immediately prior to the commencement of any investigative actions involving the suspect, is obliged to explain to the suspect his rights provided for in this Code, which is noted in the protocol of detention, the protocol of interrogation of the suspect and decisions on recognizing the person as a suspect and qualifying the suspect's act.

     3. If a suspect is detained, he must be interrogated no later than twenty-four hours from the moment the detention protocol is drawn up, while ensuring the right to a private and confidential meeting before the first interrogation with his chosen or appointed defense lawyer. A detained suspect has the right to immediately inform by phone or in any other way at his place of residence or work about his detention and place of detention.

     If there are grounds to believe that reporting a detention may interfere with the pre-trial investigation, the official of the criminal prosecution body carrying out the detention may notify adult family members and close relatives of the detainee independently. Such notification must be made without delay.

     A note is made about the fact of such a report in the detention protocol, which indicates the time and method of reporting the arrest.

     4. If the suspect refuses to appear before the criminal prosecution body, he must be questioned on the merits of the suspicion immediately after his arrival, and in other cases – no later than the end of the pre-trial investigation, while respecting the right to a private meeting with a defense lawyer.

     5. The suspect must be questioned about the suspicion against him, as well as about other circumstances known to him that are relevant to the case, and evidence.

     6. If the suspect has not exercised his right to refuse to testify before the start of the first interrogation, he must be warned that his testimony may be used as evidence in criminal proceedings, including in the event of his subsequent refusal to give evidence.

     7. Having found the suspicion unfounded, the pre-trial investigation body is obliged to immediately take measures to cancel the measures of procedural coercion applied against it in accordance with the procedure established by this Code.

     8. A person ceases to be in the position of a suspect from the moment of acquiring the status of an accused or termination of a pre-trial investigation in respect of him.

     9. The suspect has the right:

     1) to obtain from the person who carried out the detention an explanation of his rights;

     2) know what he is suspected of;

     3) independently or through their relatives or trusted persons, invite a defender. If the defender is not invited by the suspect, his relatives or trusted persons, the criminal prosecution body is obliged to ensure his participation in accordance with the procedure provided for in part three of Article 67 of this Code.;

     4) to enjoy the rights of a civil defendant if he is recognized as such in connection with the filing of a civil claim in the case.;

     5) have a private and confidential meeting with an elected or appointed defense attorney, including before the start of the interrogation;

     6) to give evidence only in the presence of a defense lawyer, except in cases of refusal from it;

     7) obtain copies of resolutions recognizing a suspect, a civil defendant, the qualification of the act, the protocol of detention, the petition and the resolution on the election and extension of the preventive measure, the resolution on the termination of the criminal case;

     8) refuse to testify;

     9) receive an explanation from the person conducting the pre-trial investigation on the procedure and conditions for applying a preventive measure in the form of bail and other measures not related to detention;

     10) present evidence;

     11) file petitions, including for the adoption of security measures, and challenges;

     12) to give evidence in his native language or the language he speaks;

     13) use the free help of an interpreter;

     13-1) contact the probation service to conduct pre-trial probation against him;

     14) participate, with the permission of the criminal prosecution authority, in investigative actions conducted at his request or at the request of a defense attorney or legal representative;

     15) reconcile with the victim in cases stipulated by law, including through mediation;

     16) at any stage of the investigation, submit a petition to the prosecutor or express his consent to conclude a procedural agreement outlining his proposals on the type and measure of punishment and conclude a procedural agreement;

     16-1) file a motion for the application of writ proceedings in a case of a criminal offense or a minor offense;

     17) get acquainted with the protocols of investigative actions carried out with his participation and submit comments on the protocols;

     18) bring complaints about the actions (inaction) and decisions of the investigator, inquirer, prosecutor and court;

     19) to protect their rights and legitimate interests in other ways that do not contradict the law;

     20) when appointing and conducting an expert examination, as well as presenting an expert opinion to him, carry out the actions provided for in Articles 274, 286 of this Code.;

     21) in accordance with the procedure established by this Code, to get acquainted with the case materials upon completion of the investigation and extract any information from it, as well as make copies using scientific and technical means, with the exception of information constituting state secrets or other legally protected secrets.;

     22) to object to the termination of criminal prosecution;

     23) be promptly notified by the body conducting the criminal proceedings of the adoption of procedural decisions affecting its rights and legitimate interests, with the exception of issues related to secret investigative actions, as well as receive copies thereof;

     24) request additional questioning of a witness testifying against him, summoning and questioning as witnesses the persons indicated by him to a confrontation with them.

     10. The presence of a suspect's lawyer or legal representative cannot serve as a basis for eliminating or restricting any of the suspect's rights.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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