Article 765. Evidence of the Code of the Republic of Kazakhstan On Administrative Offences The Code of the Republic of Kazakhstan on Administrative Offences
1. Evidence in an administrative offense case is legally obtained factual data, on the basis of which, in accordance with the procedure established by this Code, the judge or the body (official) in charge of the administrative offense case establishes the presence or absence of an act containing all the signs of an administrative offense, the commission or non-commission of this act by a person in respect of whom proceedings are underway on an administrative offense, the guilt or innocence of this person, as well as other circumstances., important for the proper resolution of the case.
2. The factual data specified in the first part of this Article shall be established by: explanations of the person brought to administrative responsibility; testimony of the victim, witnesses; conclusions and testimony of an expert, specialist; material evidence; other documents; protocols on an administrative offense and protocols of procedural actions provided for by this Code.
When reviewing materials on administrative offenses, data obtained through the use of scientific and technical means may be used as evidence.
3. Factual data must be declared inadmissible as evidence if they were obtained in violation of the requirements of this Code, which, by depriving or restricting the legally guaranteed rights of participants in the proceedings or violating other rules of the process, affected or could affect the reliability of the factual data obtained, including:
1) using violence, threats, deception, as well as other illegal actions;
2) using the misconception of the person participating in the process regarding his rights and obligations, which arose as a result of an unexplained, incomplete or incorrect explanation of them to him;
3) in connection with the conduct of a procedural action by a person who does not have the right to conduct proceedings in this case;
4) in connection with the participation in the procedural action of the person subject to recusal;
5) in violation of the procedure for the procedural action;
6) from an unknown source;
7) using methods in the course of proof that contradict modern scientific knowledge.
4. The inadmissibility of using factual data as evidence is established by a judge or an authority (official) conducting proceedings on an administrative offense on his own initiative or at the request of the participants in the process.
5. Evidence obtained in violation of the law is considered to have no legal force and cannot be used as the basis for a decision on the case, as well as used to prove any circumstance in the case, except for the fact of relevant violations and the guilt of the persons who committed them.
President
Republic of Kazakhstan
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