Criminal Procedural law of the Republic of Kazakhstan. The criminal procedure on the territory of the Republic of Kazakhstan shall be determined by the Constitution of the Republic of Kazakhstan

The criminal procedure on the territory of the Republic of Kazakhstan shall be determined by the Constitution of the Republic of Kazakhstan, constitutional laws, Criminal procedure code of the Republic of Kazakhstan based on the Constitution of the Republic of Kazakhstan and generally recognized principles and norms of the international law. Provisions of other laws regulating criminal procedure shall be deemed included in the Criminal procedure Code.

International treaty commitments and other commitments of the Republic of Kazakhstan, as well as the regulatory resolutions of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan regulating criminal procedure shall form a constituent part of the criminal procedure law.

If during proceedings on a criminal case there is a need to consider the issue which must be resolved in accordance with civil or administrative law, it shall be settled in accordance with civil or administrative law, accordingly.

Criminal proceedings shall be conducted in accordance with the criminal procedure law which has come into force by the moment of implementation of procedural action, adoption of a procedural decision. Criminal procedure law which imposes new obligations, abolishes or diminishes the rights held by the participants of the proceeding, restricts their use with additional terms shall have no retrospective force.

Admissibility of evidences shall be determined in accordance with the law which was in force at the moment of their adoption.

Criminal proceedings in respect of foreigners and stateless persons shall be carried out in accordance with the Criminal procedure Code.

Specifics of the criminal proceedings carried out in respect of or with the participation of the persons that have diplomatic or other privileges and immunities established by international treaties of the Republic of Kazakhstan.

Objectives of criminal procedure shall be a speedy and complete detection of crimes, exposure and criminal prosecution of persons who committed them, fair adjudication and sensible application of the criminal law. The order of criminal proceedings as established by law shall ensure protection against groundless accusal and conviction, unlawful restriction of human and civil rights and freedoms, and in case of unlawful accusal or conviction of an innocent person - an immediate and full rehabilitation, and promote law and order, prevention of crimes and a respect of law.

Дата добавления: 2014-10-17