CAT/OP/KAZ/1/Add.1
of first instance whose powers include the implementation, in accordance with the Code of
Criminal Procedure, of judicial control over compliance with the rights, freedoms and lawful
interests of persons involved in criminal proceedings.
103. Article 55 of the Code of Criminal Procedure defines the powers of the investigating
judge:
(1)
To authorize detention;
(2)
To authorize house arrest;
(3)
To authorize temporary suspension from duties;
(4)
To authorize a restraining order;
(5)
To authorize arrest prior to extradition;
(6)
To extend a period of detention, house arrest or arrest prior to extradition;
(7)
To approve the use of bail;
(8)
To authorize the seizure of assets;
(9)
To approve involuntary confinement to a medical establishment of a person not
currently in detention for a forensic psychiatric examination and/or medical examination;
(10) If mental illness is ascertained, to approve the transfer of a person previously held in
detention to a specialized psychiatric facility adapted for the detention of patients in strict
isolation;
(11)
To approve the exhumation of human remains;
(12)
To declare an international search for a suspect or accused person.
104.
The investigating judge:
(1)
Considers complaints in respect of the actions (or lack of action) and decisions of the
official or agency conducting initial inquiries, the investigating official, prosecutor or the
court;
(2)
Considers any physical evidence subject to rapid deterioration or for which prolonged
storage pending the resolution of the criminal case on the merits would entail considerable
material cost;
(3)
During the pretrial proceedings, takes statements from a victim or witness;
(4)
Imposes a monetary penalty on persons, except for lawyers and prosecutors, who
either fail to comply with or do not fully comply with their procedural obligations in pretrial
proceedings;
(5)
On the proposal of the prosecutor, considers the question of recovering procedural
costs in a criminal case;
(6)
On a reasoned request from a lawyer acting as defence counsel, considers
requisitioning and admitting in a criminal case any information, documents or objects of
importance to the criminal case, with the exception of information that constitutes State
secrets, in cases of refusal or failure to take action on such a request within three days;
(7)
On a reasoned request from a lawyer acting as defence counsel, considers the
appointment of an expert, if, in responding to such an application, the criminal prosecution
authority has unreasonably refused the request or takes no decision within three days;
(8)
On request from a lawyer acting as defence counsel, considers whether to compel to
appear before the authority in charge of the criminal proceedings a witness who has
previously been questioned where it is difficult to ensure that person’s attendance to give
evidence;
(9)
Exercises other powers, as stipulated in the Code.
105. In accordance with article 56 of the Code of Criminal Procedure, investigating judges
may examine matters falling within their competence alone, without a court hearing.
GE.18-05420
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