Prosecutorial supervision in pre-trial proceedings of the criminal process of the Republic of Kazakhstan

Автор: Levchenko O.V.

Журнал: Ex jure @ex-jure

Рубрика: Уголовно-правовые науки

Статья в выпуске: 4, 2022 года.

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Kazakhstan, like some other CIS states, is quite strongly oriented towards the transition from the investigative criminal procedure system traditional for this group of states to an accusatory one headed by the prosecutor's office. The legal development of this state is characterized by a private change of course in building a national system for combating crime, the absence of its own doctrine, which could serve as the basis for the development of criminal policy. However, in recent years, the country has carried out a major reform of the preliminary investigation and in many respects follows the universal “Western” example, and in fact the German model, both in relation to the reorganization of the legal form of the preliminary investigation, and the model of participation of the prosecutor in this investigation. The foundations of the new criminal procedural model were laid by the latest major legislative novels. There was an occurrence of operational-search activity in pre-trial proof. There is a deformalization of pre-trial evidence through the introduction of digital technologies. Next in line is the transition to a judicial procedure for bringing charges by the prosecutor and establishing the priority of judicial evidence over investigative evidence, turning the prosecutor into the main subject of proving the prosecution.

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Criminal process of kazakhstan, prosecutor, pre-trial proceedings, preliminary investigation reform, proof

Короткий адрес: https://sciup.org/147239708

IDR: 147239708   |   DOI: 10.17072/2619-0648-2022-4-145-162

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