Akhpanov A.N. On the procedural form of pre-trial criminal proceedings in Kazakhstan

Abstract: The draft of a new edition of the Procedural Criminal Code of the Republic of Kazakhstan (the Draft) replaces the collective term “preliminary investigation” with “pre-trial” due to the reforming of the system of pre-trial criminal proceedings. The Draft unifies the procedural form of inquiry and preliminary investigation. On these stages the decision is made about the qualification of the suspects’ deed (the analogue of recognition as a suspect), the indictment (in the PCC of the Republic of Kazakhstan – the bill of indictment), but not the protocol of indictment for the inquiry and not the summary protocol of a simplified pretrial proceedings (including bringing as a suspect and bill of indictment). The author applies general and special methods of analysis, synthesis, the structural-logical method, the statistical method, comparative-legal analysis and other methods of scientific cognition. The Draft establishes the strictly determined list of conditions, undermining this form of proceedings. The accelerated investigation is not allowed in the following cases:-         The crime is qualified as an especially grave crime-         In the cumulative crime at least one of them is especially grave-         The crime is committed by the person who doesn’t know the language of the proceedings-         The crime was committed against the persons, possessing the privileges or immunity from criminal prosecution-         At least one of the accomplices hasn’t admitted his guilt-         The crime is committed by the underage person or a person who due to his physical or psychic disabilities can’t execute his right for defense-         Criminal cases in a protocol form

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