Bill on the modernization of procedural foundations of law enforcement activities approved by the deputies

27 November 2017 Версия для печатиВерсия для печатиPDFPDF

Astana. November 15, 2017 Mazhilis approved the draft Law of the Republic of Kazakhstan "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Modernization of the Procedural Principles of Law-Enforcement Activity" (hereinafter - the Bill) in the first reading.

The bill was submitted to the Mazhilis of the Parliament on the legislative initiative of the Head of State.

It provides the amendments to the Criminal Procedure Code, the Laws "On Operational Investigative Activity" and "On the Prosecutor's Office".

Presenting the bill, the General Prosecutor Zhakip Assanov briefly dwelled on the measures to improve the criminal situation in the country, toughening the recording of crimes, the humanization of punishments, including economic crimes, reduction of prison population, and also strengthening of responsibility for a separate category of crimes taken during the years of independence by the state.

‘In general, the improvement of laws is a permanent process. It must be approached thoughtfully, carefully, step by step. At the same time, the balance between the human rights and the struggle against crime should not be violated,’ the Prosecutor General said.

According to Zh. Assanov the bill can be divided into two blocks.

The first strengthens the protection of the human rights; the second is aimed at saving the process.

The short stories in favor of human rights include the reduction of the terms of detention of citizens without the sanction of the court from 72 to 48 hours, and minors to 24 hours; reduction of the grounds for applying the preventive punishment in the form of arrest for economic crimes; the obligation to notify citizens of the NDS carried out against them; the extension of the powers of lawyers to submit motions and collect evidence.

The innovations in favor of human rights are: reduction of the terms of detention of persons from 72 to 48 hours, incl. minors up to 24 hours; reduction of the grounds for applying the preventive punishment in the form of arrest for economic crimes; the obligation to notify citizens of the unauthorized access carried out against them; expansion of the powers of lawyers to submit motions and collect evidence.

Also, the Prosecutor General singled out one more amendment, which obliges the investigator to conduct the case only in the amount of the charge on which it was initially registered. Otherwise, the prosecutor or the court will terminate such cases.

‘This is done in order to break the practice when the investigative bodies set up a case on one fact and without finding evidence begin to look for other evidence. If only find a clue to bring to justice.’Assanov explained.

The amendments that contribute to the economy of the criminal process include the introduction of the institution of writ proceedings and the transfer of cases to electronic format.

In the first case, where there is no doubt about the person's guilt, enough evidence is obtained and the victim does not object, the obvious, uncomplicated cases will be conducted in the order of the orderly production. In such cases the entire process from the moment of registration to the verdict of the court will take an average of 10 days.

The digitalization of the same criminal process will allow to decrease the bureaucracy, since the necessary certificates and approvals can be obtained electronically without leaving the office and also it excludes the facts of loss and falsification of materials.

‘The most important thing is that digitalization will strengthen the protection of human rights. The whole process will be like in the palm of your hand. The prosecutor's control will increase. Corruption will decrease. The IT-system will greatly facilitate the work of the investigator, the prosecutor and the judges,’ the Prosecutor General concluded.

Currently, more than 400 cases are being investigated in electronic form in 6 regions of the country, about 200 electronic sanctions have been received.

The IT system developed by the General Prosecutor's Office did not require additional funds from the budget. Complete transition of criminal cases to digital format is planned to have been completed by the end of 2018.

The deputies highly assessed the content of the bill and expressed confidence that it will contribute to strengthening the guarantees of the rights of citizens in the criminal process.


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