A person, performing pre-trial investigation shall promptly notify about the detention of
the suspected and his (her) location any of the adult members of his (her) family, and in the
absence of them - other relatives or close persons, or provide an opportunity of such
notification to the suspected. About the detention of a foreigner immediately, and in case of
failure within twenty-four hours the embassy, consulate or other representative of the State
through the Ministry of Foreign Affairs of the Republic of Kazakhstan must be notified
according to the procedure established by joint order of the Minister of Foreign Affairs of the
Republic of Kazakhstan and the Procurator General of the Republic of Kazakhstan.

Footnote. The title of Article 414 in the new wording of the Law of the Republic of
Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days
after the day its first official publication).
1. The right of appeal against a sentence or decision shall belong to the convicted person,
acquitted person, their defenders, including those who entered the proceedings after the
sentence or resolution is announced, their legal representatives, the victim (private prosecutor)
, their representatives and legal representatives. The civil plaintiff, the civil defendant, their
representatives and legal representatives shall have the right to appeal against the verdict in
the part related to the civil claim.
2. A prosecutor's appeal for review of a judicial act in appeal proceedings may be lodged
by a prosecutor who participated in the hearing of the case as a public prosecutor. Within the
limits of their competence, the Prosecutor General of the Republic of Kazakhstan and his/her
deputies, the Chief Military Prosecutor, Chief Transport Prosecutor, regional prosecutors and
equivalent prosecutors and their deputies, military prosecutors of regions and garrisons,
regional transport prosecutors, district prosecutors and equivalent prosecutors may file an
appeal by the prosecutor for review of the sentence or ruling, regardless of their participation
in the consideration of the case.
3. Persons who are not parties to this case shall also have the right to appeal against a
judicial act if the decision concerns their rights and legitimate interests.
Footnote. Article 414 as amended by the Law of the Republic of Kazakhstan dated
11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first
official publication); № 292-VІ dated December 27, 2019 (see Article 2 for the enactment
procedure); № 210-VIII of 16.07.2025 (shall come into effect upon expiry of sixty calendar
days after the date of its first official publication).

1. The Court of Cassation shall consider cases on cassation appeals against judgments and
decisions of the courts of first instance that have entered into force after their consideration in
the appellate instance, protests by the prosecutor, as well as against verdicts and decisions of
the appellate instance.
2. Judicial acts are not subject to revision in cassation procedure:
Note!
Paragraph 1) is as amended by the Law of the Republic of Kazakhstan dated 21.11.2024
№ 136-VIII (effective from 01.07.2027).
1) on cases of criminal offenses and crimes of minor gravity;
2) taken in the process of the trial on the issues specified in part two of Article 10 of this
Code, as well as concerning the order and method of investigating the evidence, the petitions
of the participants in the proceedings, the keeping of order in the courtroom, in connection
with the refusal from the prosecution of the state and private prosecutor, on issues related to
the enforcement of the sentence;
3) passed by the investigating judge.
3. Judicial acts of local and other courts that have entered into legal force in case of
non-compliance with the appellate procedure for their appeal, as well as those specified in
paragraph 1) of part two of this Article, may be reviewed in cassation upon the protest of the
Prosecutor General of the Republic of Kazakhstan, his deputies, the Chief Military Prosecutor
, the Chief Transport Prosecutor, if there are grounds provided for in Article 485 of this Code.
4. Excluded by the Law of the Republic of Kazakhstan dated 21.11.2024 № 136-VIII (
effective from 01.07.2025).
Footnote. Article 484 in the new wording of the Law of the Republic of Kazakhstan dated
31.10.2015№ 378-V (shall be enforced from 01.01.2016); dated December 27, 2021 № 88-
VII (shall be enforced from July 1, 2022); dated 21.11.2024 № 136-VIII (effective from
01.07.2025).

In cases where a minor suspected in the conditions of life and education may not be left in
the same place of residence, he (she) by the decision of the body conducting criminal
proceedings, with the participation of the guardianship authorities may be placed to stay for
the period of the proceedings in the organization performing in accordance with the law the
functions for the protection of the rights of the child, or placed under the patronage.

1. Complainant in criminal proceedings is a person in respect of whom there are grounds
for believing that he (she) is directly suffered from moral, physical or property damage by
criminal offence.
1-1. The person conducting the pre-trial investigation shall be obliged to immediately
recognize the person as a victim in the cases provided for in the first part of this article.
2. A person shall be recognized as a victim, also in cases when he (she) suffered from
damage caused by an act, prohibited by the Criminal Code of the Republic of Kazakhstan and
committed by insane person.
3. A person shall be recognized as a victim in criminal proceedings after the issuance of
the corresponding decision. If in the course of criminal proceedings it is identified that there
are no grounds for his (her) stay in this position, the body, conducting the criminal
proceedings shall terminate by its decision a participation of the person as a victim.
4. The complainant shall be explained the right to bring a civil claim in criminal
proceedings and provided the compensation for property damage, caused by the criminal
offence, as well as the costs incurred in connection with his (her) participation in criminal
proceedings, including the costs of the representative, according to the rules established by
this Code.
5. The claim of the complainant for compensation of moral damage shall be considered in
criminal proceedings. If such claim is not submitted or left without consideration, the
complainant shall be entitled to submit it to the civil proceedings.
6. The complainant shall have the right to:
1) know about the suspicions and accusations brought against him (her);
2) give testimony in native language or language he (she) speaks;
3) submit evidence;
4) make applications and challenges;
5) have the free assistance of an interpreter;
6) have a representative;
7) receive the property, seized from him (her) by the criminal prosecution body as a
means of proving or represented by him (her), as well as his (her) property, confiscated from
the person who committed the prohibited by the criminal law act, obtain the original
documents, belonging to him (her);
8) reconcile, including by way of mediation, with the suspected, accused, defendant in the
cases, provided by law;
8-1) consent to the application of the ordered proceedings in the case of a criminal offense
or a crime of minor gravity;
9) get acquainted with the protocols of investigative actions made with his/her
participation, and submit comments on them, take and receive copies of protocols using
scientific and technical means;
10) participate with the permission of the investigator or the interrogating officer in the
investigative actions, carried out at his (her) request or the request of his (her) representative;
11) under the procedure established by this Code, 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, excluding information constituting state secrets
or other legally protected secrets;
12) make application for security measures to him (her) and his (her) family,
non-disclosure of the circumstances of private life, and on the application in respect of the
suspected a restraining order;
13) receive copies of decisions on recognizing him as a victim or refusal to do so,
termination of the pre-trial investigation, the indictment, the protocol of the accelerated
pre-trial investigation, the protocol of the accusation, as well as copies of the verdict and
decision of the court of the first, appeal and cassation instances;
14) participate in the court proceeding of the case in the first, appeal and cassation
instances;
15) act in pleadings;
16) support the accusation, including in the case of refusal of the public prosecutor to
press charges;
17) get acquainted with the protocol of the court session, at the same time have the right
to affix his (her) signatures at the end of the protocol, and by reference to the part of the
protocol of the court session - at the end of this part; in the case of using the audio and video
fixation of the court session - at the end of the protocol, and give comments on the protocol;
18) bring complaints on the actions (inaction) and decisions of the inquirer, investigator,
prosecutor and court and, in cases prescribed by law, participate in their consideration;
19) appeal the sentence and the court decision;
20) be informed about the complaints brought in the case, the petitions of the prosecutor
and protests, to file objections to them and participate in their consideration;
21) protect his (her) rights and legal interests in other ways, not contrary to the law;
22) know about the intention of the parties to conclude a procedural agreement, its
conditions and consequences, offer his (her) conditions for compensation of damages, caused
by the crime, or object to its conclusion;
23) To receive compensation in accordance with the legislation of the Republic of
Kazakhstan on the Victims Compensation Fund.
24) to receive special social services under the legislation of the Republic of Kazakhstan
on countering human trafficking.
In the cases, stipulated by Article 76 of this Code, legal assistance shall be provided to the
complainant free of charge.
7. The complainant, as in the case of his (her) death - his (her) successors shall be entitled
to receive from the budget of monetary compensation for property damage, caused by a
particularly serious crime, if the convicted of such crime does not have property, sufficient for
compensation of the damage, caused by that crime. In this case, the issue of payment from the
budget of monetary compensation shall be decided by the court, made the sentence, upon the
application of the complainant or his (her) successor. The complainant shall have the right, in
the specified cases, to compensate the damages in full, if the damage does not exceed one
hundred and fifty monthly calculation indices.
8. The complainant shall: appear on call of the body, conducting the criminal proceedings,
truthfully report all known circumstances of the case and answer the questions; not disclose
the information about the circumstances known to him (her) on the case; observe the
established order in the investigative actions and during the court session.
9. For non-appearance of the complainant on call without a valid reason, he (she) shall be
forced to drive in the manner, prescribed in Article 157 of this Code, and he (she) may be
imposed a monetary penalty in the manner provided in Article 160 of this Code.
10. The complainant shall bear the criminal liability in accordance with the law for his (
her) refusal to testify and perjury.
11. In cases of crimes, the consequences of which was the death of the person, the rights
of the complainant, provided for by this Article shall be exercised by close relatives, spouse (
wife) of the deceased. If for granting of the rights of the complainant the several persons, who
caused moral damage by a criminal offence, are pretended, they all or one of them by
agreement between them may be recognized as complainants.
12. The legal entity to which a criminal offence caused the property damage may be
recognized as complainant. In this case, the rights and obligations of the complainant are
exercised by a representative of the legal entity.
Footnote. Article 71 as amended by the Laws of the Republic of Kazakhstan dated
31.10.2015№ 378-V(shall be enforced from01.01.2016);dated 11.07.2017 № 91-VI (shall be
enforced upon expiry of ten calendar days after the day its first official publication); dated
21.12.2017 № 118-VI (shall be enforced upon the expiration of ten calendar days after the
day of its first official publication); dated 10.01.2018 № 132-VI (shall be enforced dated
01.07.2018); № 292-VІ dated 27.12.2019 (see Article 2 for the enactment procedure); dated
27.12.2021 № 88-VII (shall be enforced ten calendar days after the day of its first official
publication); dated 05.07.2024 №111-VIII (enacted sixty calendar days after the dateof its
first official publication); № 210-VIII of 16.07.2025 (shall come into effect upon expiry of
sixty calendar days after the date of its first official publication).

1.Civil claims of individuals and legal entities for compensation of property and moral
damage, caused directly by criminal offence or socially dangerous acts of the insane, as well
as on compensation for funeral expenses, treatment of the victim, the amounts paid to him (
her) as insurance indemnity, benefits or pensions, as well as costs incurred in connection with
participation in the inquiry, preliminary investigation and in court, including the costs of
representation, shall be considered in criminal proceedings.
2. Proving of a civil claim, filed in a criminal case shall be made according to the rules,
established by this Code.
If the legal relations, arising in connection with the presentation of a civil claim are not
regulated by this Code, the rules of civil procedure law shall be applied in the part in which
they do not contradict this Code.
3. If the persons, mentioned in the first part of this article, in the course of the criminal
proceedings do not file a civil claim or after the presentation withdrawn it, or it is left by the
court without consideration, they shall have the right to present it in civil proceedings. The
request of the claimant to revoke the civil claim or leaving it without consideration shall be
solved by the court in accordance with this Code and the rules of civil procedure law.
4. The decision of a civil claim, taken in civil proceedings, shall be the basis for
preventing the presentation in criminal proceedings of the same claim against the same
persons on the same grounds.

1. A civil claim may be filed since the beginning of the pre-trial investigation until the end
of the judicial investigation by the person, who by criminal offence or criminally punishable
act directly caused material or moral damage, or by his (her) representative.
In the cases, provided for by Article 58 of this Code, the procurator may file a civil claim.
In cases of crimes, the consequences of which are the death of a person, a civil claim may
be filed by close relatives, husband (wife) of the deceased, exercising the rights of the victim
under this Code.
2. A civil claim is filed against the suspected, accused, defendant or persons, bearing
material responsibility for his (her) actions or actions of the insane.
A person, who filed a civil claim, is called the civil claimant, the person against whom a
claim is filed, is called civil defendant. Such persons in the course of criminal proceedings
exercise the procedural rights and bear procedural obligations established by this Code for the
civil claimant and civil defendant respectively.
3. The claimant upon presentation of a civil claim in a criminal case shall be exempt from
payment of state duty.
4. Jurisdiction of civil claim is determined by the jurisdiction of the criminal case, in
which it filed and considered in conjunction with the criminal case.
5. A civil action shall be filed in written or in the form of an electronic document in
accordance with the requirements for suits being considered in civil proceedings.
6. The failure to discover the suspected shall not preclude the filing of a civil claim in the
criminal case.
7. If necessary to clarify the grounds for a civil claim and the amount of the claim, a
person may supplement the claim.
8. To any person not to be recognized as the suspected in connection with the presence of
a privilege or immunity from prosecution, a civil claim may be filed in civil proceedings.
Footnote. Article 167 as amended by the Law of the Republic of Kazakhstan dated
31.10.2015№ 378-V (shall be enforced from01.01.2016).

1. Criminal proceedings against foreigners and stateless persons shall be carried out in
accordance with this Code.
2. Features of the criminal proceedings pending against, or involving persons with
diplomatic or other privileges and immunities, established by international treaties of the
Republic of Kazakhstan, shall be determined in accordance with Chapter 57 of this Code.

1. A criminal case shall be terminated:
1) for lack of a criminal offence;
2) in the absence of components of a criminal offence;
3) due to an act of amnesty, if it eliminates the use of punishment for the actions
committed;
4) expiration of the statute of limitation for criminal liability;
5) in the absence of a complaint from the victim - in cases of criminal offenses provided
for by parts two and three of Article 32 of this Code, except for the cases provided for by part
four of Article 32 of this Code, as well as in case of refusal of a private prosecutor to charge -
in cases of criminal offenses, provided for by part two of Article 32 of this Code, except for
the cases provided for by part four of Article 32 of this Code;
6) if a law abolishing criminal liability for the committed act has been put into effect, or if
the Constitutional Court of the Republic of Kazakhstan finds unconstitutional a law or other
regulatory legal act subject to application in this criminal case, on which the qualification of
the act as a criminal offense depends;
7) if a person has the entered into force sentence on the same charge or other not
cancelled court decision, which established the impossibility of criminal prosecution;
8) If a person has the not cancelled decision of the criminal prosecution body on
termination of the criminal prosecution on the same suspicion;
9) if the person that committed the action, prohibited by criminal law in a state of insanity,
except in cases where the proceedings necessary for the application to him (her) of
compulsory medical measures;
10) in connection with the refusal to give consent by the authorized body or official to
bringing to justice of the person that has the privilege or immunity from prosecution;
11) in respect of the deceased, with the exception of cases where the proceedings
necessary for the rehabilitation of the deceased or investigation against others, as well as to
define property, obtained by illegal means, money and other valuables, subject to confiscation
and providing compensation for damage;
12) in respect of the person to be released from criminal liability under the provisions of
the Criminal Code of the Republic of Kazakhstan.
2. The proceedings shall be terminated on the grounds, specified in paragraphs 1) and 2)
of the first part of this Article, as in the absence of proof of a criminal offence or components
of a criminal offence, and in absence of proof of their presence, if there is no any other
possibilities to gather additional evidence.
3. The proceedings shall be terminated on the grounds, specified in paragraph 2) of the
first part of this Article, and in cases, when causing harm by the suspected, accused or
defendant is lawful or when the offence is committed by the suspected, accused or defendant
under circumstances which, in accordance with the Criminal Code Republic of Kazakhstan
exclude his (her) confession as a criminal offence and criminal liability.
4. Termination of a criminal case on the grounds specified in paragraphs 3), 4) and 11) of
the first part of this article shall be prohibited if the person, who is indicated by an applicant
directly as a person who has committed a criminal offense (a witness entitled to defense), a
suspect, an accused, as well as a defendant or his/her legal representatives, and in the cases
provided for by paragraph 11) of the first part of this article, the persons listed in the second
part of Article 66 of this Code, who, along with the lawyer, have the right to defend a suspect,
accused, defendant, object to it. In this case, the proceedings on the case shall continue and
end, if there are grounds for that, by issuing a judgment of conviction with the release of the
person from punishment or criminal liability.
For the decision to terminate a criminal case on the grounds, specified in paragraphs 3), 4)
, 9), 10) and 11) of the first part of this Article, the consent of the complainant or his (her)
representative is not required.
Termination of criminal case entails the simultaneous termination of the criminal
prosecution.
5. The decision to terminate a criminal case against a person, who does not attain at the
time of commission of the action at the age at which under the law is possible the imposition
of criminal liability, shall be subject to adoption on the grounds referred to in paragraph 2) of
the first part of this Article. On the same basis the decision to terminate a criminal case
against a minor, who at the time of committing the action, though reached the age at which
under the law the criminal liability is possible, but as a result of mental retardation, not
associated with mental illness, could not fully aware of the actual nature and social danger of
his (her) actions (inaction) and direct them, shall be subject to adoption.
6. The criminal prosecution body, finding the circumstances precluding criminal
prosecution, shall make at any stage of the pre-trial proceedings the order for the termination
of the criminal case.
The procurator may also, prior to consideration of the case in the main proceedings,
withdraw it from the court and terminate on the grounds, provided in this Article. After the
withdrawal of the case by the procurator from the court for termination, the holding on it a
new pre-trial proceedings and re-direction to the court shall not be allowed.
7. The public prosecutor, finding in the court the circumstances precluding criminal
prosecution, shall declare to waive prosecution. Statement by the public prosecutor to waive
prosecution shall not preclude the continuation of the criminal proceedings, if the private
prosecutor continues to support the accusation.
8. The Court, found the circumstances precluding criminal prosecution shall decide on the
termination of the criminal case.
9. In the event of a criminal case termination, the criminal prosecution bodies and courts
are obliged, if there are signs of an administrative or disciplinary offense in the actions of a
person, to refer the materials to the authorized bodies (officials) within ten days to resolve on
administrative or disciplinary sanctions.
Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated
07.11.2014 № 248-V (shall be enforced from 01.01.2015); № 292-VІ dated December 27,
2019 (see Article 2 for the enactment procedure); dated 02.07.2021 № 62-VII (shall be
enforced upon the expiration of sixty calendar days after the day of its first official
publication); dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023); dated
03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official
publication).

1. A person, acquitted by the court, as well as the suspected, accused, defendant, against
whom the decision of the court, the criminal prosecution body on the termination of the case
is made on the grounds, provided for in paragraphs 1), 2), 5), 6), 7) and 8) of the first part of
Article 35 of this Code, shall be subject to rehabilitation, that is, the restoration of rights and
they cannot be subject to any restrictions in the rights and freedoms, guaranteed by the
Constitution of the Republic of Kazakhstan.
2. The Court, criminal prosecution body shall take all legal measures for the rehabilitation
of the person, referred to in the first part of this article, and to the compensation for damage,
caused to him (her) by illegal actions of the body, conducting the criminal proceedings.