Criminal Procedure Code of the Republic of Kazakhstan (13.12.1997, № 206-I, has been amended by the 2012) (does not act)

Criminal Procedure Code of the Republic of Kazakhstan
(13.12.1997, № 206-I, has been amended by the 2012)

General Part
Section 1. Basic Provisions

Chapter 1. Criminal Procedure Legislation of the Republic of Kazakhstan

Article 1. Legislation Defining the Procedure of Criminal Proceedings

1. 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 this Code.

2. 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.

3. 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.

Article 2. Application of prevailing legal rules in criminal proceedings

1. Constitution of the Republic of Kazakhstan shall have the highest legal effect and direct application on the entire territory of the Republic of Kazakhstan. If there is a contradiction between provisions of this Code and the Constitution of the Republic of Kazakhstan, provisions of the Constitution shall apply.

2. If there is a contradiction between provisions of this Code and a Constitutional Law of the Republic of Kazakhstan, provisions of the Constitutional Law shall apply. If there is a contradiction between provisions of this Code and other laws, provisions of this Code shall apply.

3. International treaties ratified by the Republic of Kazakhstan shall have priority over this Code and shall apply directly, unless the international treaty provides that a law must be passed for its application.

Article 3. Operation of the criminal procedure law in space

1. Criminal proceedings in the territory of the Republic of Kazakhstan regardless of the location of the crime shall be carried out in accordance with this Code.

2. The rules of an international treaty shall be applied if the international treaty ratified by the Republic of Kazakhstan has established other rules of operation of this Code in space.

Article 4. Application of a foreign state’s law of criminal procedure in the territory of the Republic of Kazakhstan

Application of a foreign State’s law of criminal procedure on the territory of the Republic of Kazakhstan by investigation bodies and courts of a foreign State or by a body conducting criminal proceedings pursuant to their competence shall be allowed, provided that it is so stipulated by an international treaty ratified by the Republic of Kazakhstan.

Article 5. Operation of the criminal procedure law in time

1. 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.

2. 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.

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

Article 6. Operation of the criminal procedure law in respect of foreigners and stateless persons

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

2. 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 shall be determined in accordance with chapter 53 of this Code.

Article 7. Explanation of some terms used in this code

Terms used in this Code, if there are no special instructions in the law, shall have the following meaning:

1) «court» is a body of judicial authority, any legally established court which is a part of the judicial system of the Republic of Kazakhstan and considers cases collegially or singly;

2) «court of first instance» is a court which considers a criminal case on its merits;

3) «appellate instance» is a court which considers a case on its merits based on appeals (protests) on sentences and resolutions of first instance court which did not come into legal force;

4) is excluded by the Law of the Republic of Kazakhstan № 238 dated 11.07.2001;

4-1) «cassation instance» is a court which considers a case under cassation appeals (protests) on sentences and resolutions of the court of first and appellate instance which came into legal force;

5) «supervisory instance» is a board of the Supreme Court of the Republic of Kazakhstan which considers sentences which came into legal force in exercise of its supervisory functions under a petition or a protest, and also a plenary session of the Supreme Court of the Republic of Kazakhstan considering a recommendation of the Chairperson of the Supreme Court or a protest of the Prosecutor General;

6) «judge» is a bearer of judicial power; a professional judge appointed or elected to this position in accordance with the order stipulated by law (chairperson of a court, chairperson of a judicial collegium or a judge of the corresponding court);

7) «presiding judge» is a judge who presides at the collegial consideration of a criminal case or consider the cases singly;

7-1) «juror» is a citizen of the Republic of Kazakhstan who has been called to participate in the consideration of a criminal case by the court in the procedure stipulated by this Code and who has taken the oath;

8) «main judicial proceeding» is consideration of a criminal case on merits by the court of first instance;

9) «participants of the proceedings» are bodies and persons carrying out criminal prosecution and support of accusal in court, as well as persons defending their rights and interests or rights and interests represented by them during proceedings on a criminal case: prosecutor (public prosecutor), investigator, body of inquiry, interrogating officer, suspect, the accused, their legal representatives, defense lawyer, civil defendant, his legal representative and representative, victim, private prosecutor, civil plaintiff, their legal representatives and representatives;

10) «body conducting a criminal procedure» is a court as well as prosecutor, investigator, body of inquiry, interrogating officer in pre-trial procedures on a criminal case;

11) «parties» are bodies and persons carrying out accusal (criminal prosecution) and defense against accusal in the judicial proceeding on the basis of competitiveness and equality.

12) «prosecution party» are criminal prosecution bodies as well as a victim (private prosecutor), civil plaintiff, their legal representatives and representatives;

13) «criminal prosecution (accusal)»is a procedural activity conducted by prosecution party in order to determine the deed prohibited by the criminal law and the person who has committed it, culpability of the latter in commission of a crime as well as to provide for application of a punishment or other measures of criminal law pressure to such a person;

14) «criminal prosecution bodies» is a prosecutor (public prosecutor), investigator, body of inquiry, interrogating officer;

14-1) «summary pre-trial procedure» is a procedural form of pre-trial activity of the body of inquiry, interrogating officer, investigator within the powers established by this Code;

15) «inquiry» is a procedural form of pre-trial activity of the bodies of inquiry within the powers established by this Code for detection, determination and consolidation of the aggregation of circumstances of the case and institution of criminal proceedings against persons who have committed a crime;

16) «preliminary inquest»(«preliminary investigation») is a procedural form of pre-trial activity of empowered bodies within the powers established by this Code for detection, determination and consolidation of the aggregation of circumstances of the case and institution of criminal proceedings against persons who have committed a crime;

17) «investigative jurisdiction» is an aggregation of criteria established by this Code by which the investigation of the crime pertains to the competence of he or another body of the preliminary investigation or inquiry;

18) «party of the defense» is a suspect, the accused, their legal representatives, defense lawyer, civil defendant and his representative;

19) «defense» is a procedural activity carried out by the party of the defense in order to provide for the rights and interests of the persons who are suspected of commission of a crime, rebut or mitigate an accusal, as well as rehabilitate the persons unlawfully subjected to criminal proceeding;

20) «applicant» is a person who has applied to court or criminal prosecution bodies for the defense in accordance with the order of criminal proceedings of his own (another’s) actual or alleged right;

21) «representatives» are persons empowered to represent legitimate interests of a victim, civil plaintiff, civil defendant by virtue of law or agreement;

22) «legal representatives» are parents, adoptive parents, guardians, trustees of the suspect, the accused, victim, civil plaintiff as well as representatives of organizations and persons whose custody and dependence the suspect, the accused or victim is in;

23) «relatives» are persons who are in kinship having common ancestors up to great grandfather and great grandmother;

24) «immediate relatives» are parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandfather, grandmother, grandchildren;

25) «other persons participating in criminal procedure» are a secretary of the judicial session, interpreter, eye-witness, witness, attesting witness, expert, specialist, bailiff;

25-1) «missing person» is a person whose location has been impossible to detect within two month from the moment of filing of an application through investigative work conducted within this term;

26) «criminal case» is a separate proceeding conducted by the criminal prosecution body and court on the subject of he or several presumptively committed crimes;

27) «proceedings on a case» is an aggregation of procedural actions and decisions carried out on specific criminal case during its initiation, pre-trial preparation, judicial proceeding and execution of a court’s sentence (resolution);

28) «pre-trial procedures on a criminal case» is a proceeding on a criminal case from the moment of initiation of the criminal case before taking it to court for consideration on merits (inquiry and preliminary investigation) as well as preparation of materials on the criminal case by private prosecutor and party of the defense;

29) «materials of the case» are documents and objects which are constituent to the case or represented for attaching to it; information as well as documents and objects which may be significant for substantiation of the facts of the case;

30) «procedural actions» are actions taken during the criminal proceedings in accordance with this Code;

31) «record» is a procedural document in which a procedural action made by the body conducting criminal procedure is recorded;

32) «procedural decisions» are acts of application of the law of criminal procedure issued by the bodies conducting criminal procedure within their competence and passed in the form determined by this Code - sentences, resolutions, opinions, proposals, sanctions;

33) «resolution» is any decision of a court except for a sentence; decision of an interrogating officer, investigator, prosecutor taken during pre-trial procedures on a criminal case as well as within the framework of summary pre-trial procedure;

34) «sentence» is a decision of a court made by the court of first instance or appellate instance with regards to culpability or non-culpability of an accused and application or non-application of punishment to him;

35) «final decision» is any decision of the body conducting the criminal proceedings that makes it impossible to begin or continue proceedings on a case, or resolves, even if not finally, the case on merits;

36) «sanction» is an act of approval by prosecutor, court of the procedural decision made by the criminal prosecution body during pre-trial procedure;

37) «explanation» is an oral or written argumentation given by the participants of the proceedings and applicants to ground their claim or claim of the represented person;

38) «complaint, protest» is an act of response of the participants of the proceedings to actions of the bodies of inquiry, preliminary investigation, prosecutor or judge submitted within their competence and in accordance with the order stipulated by this Code;

39) «petition» is a request of a party or applicant addressed to the body conducting the criminal proceedings to take a procedural action or adopt a procedural decision, whereas in a supervisory instance it is - an appeal for initiation of the supervisory proceeding and reconsideration of a judicial act that has entered into legal force;

40) «scientific and technical facilities» are instruments, special facilities, materials legally used for detection, record, confiscation and study of an evidence;

41) «special knowledge» is uncommonly known knowledge in a criminal procedure acquired by a person during professional training or practical activity used for resolving of issues of criminal proceedings;

41-1) «special scientific knowledge» is a field of special knowledge which contents consists of scientific knowledge realized in methods of judicially expert investigations;

42) «dwelling» is premises or building for temporary or permanent residence of he or several persons including: own or rented flats, house, garden house, hotel room, cabin; including verandas, terraces, galleries, balconies, cellar and attic of a residential building directly adjacent to them except for block of flats, as well as river or sea-going vessel;

43) «nighttime» is a time period from twenty two till six o’clock of local time.

Chapter 2. Objectives and Principles of Criminal Procedure

Article 8. Objectives of criminal procedure

1. 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.

2. 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.

Article 9. Significance of the criminal procedure principles

The significance of the principles of criminal procedure shall lie in the fact that their violation, depending on their nature and importance, shall entail invalidity of the conducted proceedings on a case, a reversal of the decisions made during such proceedings or a declaration that the collected materials shall not be admitted as evidences.

Article 10. Legality

1. Court, prosecutor, investigator, body of inquiry and interrogating officer in the course of the criminal proceedings must accurately follow requirements of the Constitution of the Republic of Kazakhstan, this Code and other regulatory legal acts stipulated in Article 1 of this Code.

2. Courts shall not have the right to use laws and other regulatory legal acts which derogate from human and civil rights and freedoms secured by the Constitution. If a court finds that a law or another regulatory legal act to be applied derogates from the human and civil rights and freedoms secured by the Constitution, it must suspend the proceedings on a case and apply to the Constitutional Council of the Republic of Kazakhstan with a proposal to recognize that act as unconstitutional.

Decisions of courts and criminal prosecution bodies based on the law or another legal act recognized as unconstitutional shall not be enforced.

3. Violation of law by court, criminal prosecution bodies in the course of criminal proceedings shall be impermissible and shall entail liability established by law, recognition of unlawful acts as invalid and their repeal.

Article 11. Administration of justice by court only

1. Justice on criminal cases in the Republic of Kazakhstan shall be carried out only by court. Usurpation of court’s powers by anyone shall entail liability stipulated by law.

2. No one may be declared guilty of committing a crime or subjected to a criminal punishment otherwise than pursuant to a sentence of a court and in accordance with law.

3. Competence of a court, framework of its jurisdiction, the order of implementation of court proceedings by it shall be determined by law and may not be changed arbitrarily. Establishment of extraordinary or special courts under any name to consider criminal cases shall not be allowed. Sentences and other decisions of extraordinary courts and other unlawfully established courts shall be invalid and may not be enforced.

4. A sentence and other decisions of a court which has conducted criminal proceedings on a case outside its jurisdiction, has exceeded its powers or has otherwise violated principles of criminal proceedings stipulated by this Code shall be unlawful and subject to repeal.

5. Sentence and other decisions of a court on criminal case may be reviewed and reconsidered only by corresponding courts in accordance with the order stipulated by this Code.

Article 12. Judicial protection of human and civil rights and freedoms

1. Everyone shall have the right to obtain judicial protection of his own rights and freedoms.

2. Jurisdiction provided by law may not be changed for anyone without that person's consent.

3. The State shall provide the victim with access to justice and compensation for damages in cases and order stipulated by law.

Article 13. Respect for honor and dignity of a person

1. During proceedings on a criminal case, decisions and actions which humiliate or belittle the honor of a person participating in the criminal proceedings shall be prohibited; it shall not be allowed to collect, use or spread information about private life, or personal information that such person considers necessary to keep private, for reasons not prescribed in this Code.

2. Moral damage caused to a person by unlawful actions of the bodies conducting the criminal proceedings shall be subject to compensation in the procedure established by law.

Article 14. Inviolability of a person

1. Nobody may be detained on suspicion of commission of a crime, arrested or otherwise deprived of liberty otherwise than on the grounds and in accordance with the order established by this Code.

2. Arrest and detention in custody shall be allowed only in cases stipulated by this Code and only with the sanction of a court with granting to the arrested a right of court appeal. Without sanction of a court a person may be subjected to detention for no more than seventy two hours. Compulsory placement of the person who is not imprisoned into a medical organization to carry out forensic psychiatric expert examination shall be allowed only pursuant to a court decision. Compulsory placement of the person who is not imprisoned into medical organization to carry out forensic psychiatric expert examination shall be allowed only pursuant to the decision of the court or with the sanction of a prosecutor.

3. Each detainee shall be immediately informed of the grounds for his detention as well as of legalification of a crime in which he is suspected or prosecuted.

4. A court, criminal prosecution bodies must immediately release the unlawfully detained or arrested person or a person who was unlawfully placed into a medical organization or detained in custody longer than the time stipulated by law or sentence.

5. None of the persons participating in a criminal procedure may be exposed to violence, cruel treatment or treatment degrading human dignity.

6. Nobody may be involved in participation in the procedural actions, which constitute a hazard to life or health of a person. Procedural actions violating inviolability of a person may be carried out against will of a person or his legal representative only in cases and in accordance with procedure directly stipulated by this Code.

7. Keeping of a person with regards to which arrest is selected as a measure of restriction as well as the person detained on suspicion of a crime must be carried out in conditions excluding hazard to his life and health.

8. The damage caused to a citizen as a result of unlawful deprivation of freedom, having been kept in conditions dangerous to his life and health, or his cruel treatment shall be indemnified in accordance with the order stipulated by this Code.

Article 15. Protection of the rights and freedoms of citizens during criminal proceedings

1. The body conducting a criminal case must protect the rights and freedoms of the citizens participating in the criminal case, create conditions for their implementation, take timely measures for satisfaction of the legal requirements of the participants of the proceedings.

2. The damage caused to a citizen as a result of violation of his rights and freedoms during proceedings on a criminal case shall be indemnified on the grounds and in accordance with the order stipulated by this Code.

3. If there are sufficient grounds for that the victim, witness or other persons participating in the criminal procedure as well as members of their families or other immediate relatives are threatened to murder, use of violence, destruction or damaging of property or other dangerous unlawful actions, the body conducting the criminal procedure within its competence must take measures stipulated by law for protection of life, health, honor, dignity and property of these persons.

Article 16. Inviolability of private life. Privacy of correspondence, telephone conversations, postal, telegraphic and other communication

Private life of citizens, personal and family secret shall be under the protection of the law. Everybody shall have the right to secrecy of personal investments and savings, correspondence, telephone conversations, postal, telegraphic and other communication. Restrictions of these rights during criminal procedure shall be allowed only in cases and in the procedure immediately established by the law.

Article 17. Inviolability of dwelling

Dwelling shall be inviolable. Invasion into dwelling against the will of people who occupy it, procedure of its inspection and search shall only be allowed in cases and in the procedure established by the law.

Article 18. Inviolability of property

1. Ownership shall be guaranteed by the law. Nobody may be deprived of his property otherwise than pursuant to a decision of the court.

2. Imposition of arrest on investments of persons in banks and on other assets as well as seizure of those assets during procedural actions may be carried out in cases and in the procedure provided for by this Code.

Article 19. Presumption of innocence

1. Everybody shall be deemed innocent until his culpability in a commission of a crime is proven in accordance with the procedure established by this Code and as established by a court sentence which entered into legal force.

2. Nobody shall be obliged to prove his innocence.

3. Unresolvable doubts with regard to the culpability of an accused person shall be interpreted for his benefit. Any doubts which arise when applying criminal and criminal procedure laws must be settled for the benefit of the accused.

4. Sentence of guilt may not be based on presumptions and it must be confirmed by sufficient aggregation of credible evidences.

Article 20. Impermissibility of a repeated conviction and criminal prosecution

No one may be repeatedly subjected to criminal liability for one and the same crime.

Article 21. Administration of justice on the principles of equality before law and court

1. Justice shall be administered on the principles of everybody’s equality before the law and the court.

2. During criminal proceedings no one may be subjected to any discrimination due to his origin, social, occupational and property status, sex, race, nationality, language, religious attitude, beliefs, place of residence or due to any other circumstances.

3. Conditions of criminal proceedings in respect of persons who have immunity to criminal prosecution shall be defined by the Constitution of the Republic of Kazakhstan, this Code, laws and international treaties ratified by the Republic of Kazakhstan.

Article 22. Independence of judge

1. A judge when administering justice shall be independent and subordinated only to the Constitution of the Republic of Kazakhstan and the law.

2. Any interference into operation of the court with regard to administration of justice shall not be allowed and it shall entail legal accountability. Judges shall not be accountable for specific cases.

3. Guarantees of independence of a judge are established by the Constitution of the Republic of Kazakhstan and the law.

Article 23. Conduct of court proceedings on the basis of competitiveness and equality of the parties

1. Criminal proceedings shall be carried out on the basis of the principle of competitiveness and equality of the parties of prosecution and defense.

2. Criminal prosecution, defense and settlement of a case by the court shall be separated from each other and they shall be exercised by different bodies and official persons.

3. The burden of proof brought against the accused shall rest with the prosecutor.

4. The defense lawyer shall be obliged to use all the remedies and methods for the protection of the accused provided for by law.

5. The court shall not be a criminal prosecution body, it shall not act on the side of prosecution or defense and it shall not express any interests aside from interests of the law.

6. The court retaining objectivity and impartiality shall create appropriate conditions for the performance by the parties of their procedural duties and for the exercise of the rights granted to them.

7. The parties participating in criminal proceedings shall be equal, i.e. vested by the Constitution and this Code with equal opportunities to stand their ground. The court shall base its procedural decision only on those evidences where both parties were provided with equal right to participate in investigation thereof.

8. The parties in the course of criminal proceedings shall select their position, methods and facilities for proving it independently and separately from the court, other bodies and persons. The court pursuant to a petition of a party shall render its assistance in obtaining necessary materials in the procedure provided for by this Code.

9. The public prosecutor and the private prosecutor may exercise criminal prosecution of a certain person or in cases provided for by the law, adandon criminal prosecution. A suspect and an accused may freely deny their culpability or recognize themselves as guilty. A civil plaintiff shall have the right to abandon a lawsuit or to enter into an amicable agreement with a civil defendant. A civil defendant shall have the right to recognize a lawsuit or to enter into an amicable agreement with a civil plaintiff.

10. The court shall provide the parties with the right to participate in the consideration of a case with regard to the first and appeals instance; the accused and his defense lawyer shall be allowed when a case is considered in the procedure of cassation and supervision with regard to newly discovered circumstances. The prosecution party must be represented by a public prosecutor or a private prosecutor when the court is considering each criminal case. Other cases when the parties are obliged to participate in the consideration of a case by the court shall be defined in this Code.

Article 24. Comprehensive, Full and Objective Examination of Circumstances of a Case

1. The court, prosecutor, investigator, interrogating officer shall be obliged to take all measures provided for by law for comprehensive, full and objective examination of circumstances which are required and sufficient for correct settlement of the case.

2. Criminal prosecution bodies shall discover factual data on the basis of which the circumstances of importance for the case shall be substantiated.

3. The court which handles a criminal case maintaining its objectivity and impartiality shall create for the parties of prosecution and defense appropriate conditions for the exercise of their rights to comprehensive and full examination of circumstances of the case.

3-1. Court shall not be bound by the opinion of the parties with regards to necessity and sufficiency of investigation of evidences existing in case and presented at the court hearing by the parties, except for the cases provided for by part two of Article 361 of this Code.

4. Circumstances which both convict and justify the accused as well as those which mitigate or aggravate his liability and punishment shall be subject to discovery with regard to case. The body which conducts a criminal procedure must check all the statements of innocence or lesser degree of culpability as well as those concerning availability of evidences which justify the suspect, the accused or those which mitigate their liability as well as petitions of use of unlawful methods of investigation when collecting and securing the case files as evidences.

Article 25. Evaluation of Evidences on the Basis of Inner Conviction

1. The judge, the prosecutor, investigator, interrogating officer shall evaluate evidences on the bases of their inner conviction, based on the aggregation of considered evidences, relying in this respect on the law and their conscience.

A juror shall evaluate the evidences on his inner conviction based on the aggregation of considered evidences, relying in this respect on conscience.

2. No evidences shall have predetermined force.

Article 26. Provision of the Right to Defense to the Suspect and the accused

1. A suspect or the accused shall have the right to defense. They may exercise this right either personally or with the assistance of a defense lawyer, legal representative in the procedure established by this Code.

2. The body which conducts a criminal procedure shall be obliged to explain to the suspect and the accused their rights and to provide them with opportunity to be defended from prosecution with all the remedies which are not prohibited by the law as well as to take measures for the protection of their personal and property rights.

3. In cases provided for by this Code, the body which conducts the criminal procedure shall be obliged to ensure the participation of a defense lawyer of the suspect and the accused in case.

4. Participation of a defense lawyer and a legal representative of the suspect or the accused in criminal proceedings shall not diminish the rights which belong to the latter.

5. The suspect or the accused must not be compelled to provide testimony, submit any materials rendering any assistance to the criminal prosecution bodies.

6. The suspect or the accused shall retain all guarantees of the right to defense belonging to them as well as when considering a criminal case in respect of a person who is accused of commission of a crime together with them.

Article 27. Release from the Duty to Issue Witness Testimony

1. Nobody shall be obliged to testify against himself, his spouse and immediate relatives, the circle of which is defined by the law.

2. Clergymen shall not be obliged to testify against those who confided in them through confession.

3. In cases provided for in the first and second parts of this Article the above persons shall have the right to refuse from witnessing and they may not be subjected to any liability.

Article 28. Provision of the Right to Qualified Legal Assistance

1. Everybody shall have the right to receive qualified legal assistance in the course of criminal procedures in accordance with the provisions of this Code.

2. Legal assistance shall be rendered free of charge in cases provided for by the law.

Article 29. Publicity

1. Proceeding of criminal cases in all courts and in all court instances shall be open. Restriction of publicity of a court procedure shall be allowed only when it contradicts to the interest of protecting state secrets. Therewith closed judicial proceeding shall be allowed on the basis of reasoned resolution of the court on cases of juvenile crimes, on cases of sexual crimes and other cases for the purposes of preventing disclosure of information concerning intimate side of life of persons participating in those cases as well as on the cases when it is required by the interests of safety of the victim, witness or any other participants in a case as well as their family members or immediate relatives. Complaints about acts and decisions of the body which exercises criminal prosecution considered by the court at pre-trial stage of the judicial process shall be considered by the court at a closed judicial session.

2. Proceeding of cases and complaints at a closed session shall be carried out in compliance with all the regulations as established by this Code.

3. A court sentence and resolutions adopted on a case in all events shall be announced in public.

Article 30. Language of Criminal Proceedings

1. Criminal proceedings in the Republic of Kazakhstan shall be carried out in the state language and, when necessary, Russian language or any other languages shall be used equally with the state language in the court proceedings.

2. The body which conducts the criminal procedure shall make reasoned resolution on the change of the language of proceedings if there is a need to conduct the case in Russian or other languages.

3. Persons who participate in a case and who have no command or have insufficient command of the language in which the proceedings on the case are carried out, shall be explained and given the right to make statements, provide explanations and testimonies, file petitions, file complaints, get acquainted with materials of the case, speak in the court in their native language or in any other language of which they have command; use interpreter services free of charge in the procedure established by this Code.

4. Persons who participate in criminal proceedings shall be provided free of charge with translation of case materials which they need by virtue of law, and which are worded in a different language into the language of the criminal proceedings. Persons who participate in court proceedings shall be provided with translation free of charge into the language of court proceedings of those parts of court speeches which are in a different language.