Fri, 10/13/2017 - 12:45
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Хат жолдау
The “round table” was attended by judges, the representatives of law enforcement agencies and advocates.
The judge of the court of Astana Yerlan Kosmuratov was the moderator.
The investigative judge of the district court No. 2 of the Saryarka district Akmaral Issayeva, speaking called the problematic issues of consideration of materials on the sanction of the measure of restraint. According to her, the bodies of pre-trial investigation are often provided with the decision of the investigative body to initiate a petition to the court to select a preventive measure and sanction the court. This petition is incorrect since the court does not choose a preventive measure against the suspect, but authorizes it.
The judge reminded the norm of the Law, according to which the cancellation or change of the preventive measure in the form of detention, home arrest of a suspect, accused, authorized by an investigating judge is carried out with the sanction of an investigating judge, except for cases stipulated by part eight of Article 145 of the CPC. "Today, there are facts of non-compliance with this rule of law done by criminal prosecution authorities as well as violations to which the court has reacted with the issuance of a private decision to the criminal prosecution body", the judge added.
The judge of the district court No. 2 of Almaty region Kydyrbek Alkhozhayev spoke on the problematic issues of authorizing a personal search. He noted that mainly a personal search is carried out for crimes related to illicit traffic of narcotic drugs. K. Alkhozhayev proposed to increase the procedural independence of the investigator, excluding the possibility to coordinate such an investigative action with the prosecutor. Also, the judge noted that the rest of the forensic investigation is established, the procedure for the search is strictly regulated by law and there are no other problems in the process of considering this issue in court.
The judge of the Astana city court Kazima Aitkaliyeva told about the problematic issues of the deposition of the testimony of the investigating judge including testimonies of minors and other persons. According to K. Aitkaliyeva, when sending the petition, the pre-trial investigation body should take into account all the issues on this problem including the psychology of the child.
K. Aytkaliyeva also noted the necessity to attach testimonies of witnesses and victims (in particular foreigners) documents confirming their departure from Kazakhstan to the petition for the deposition.
Concluding the ‘round table’ the representatives of law enforcement agencies proposed to expand the list of persons whose testimony is subject to deposition since cases of residence of victims or witnesses in other regions of the republic that do not have the financial means to appear permanently to the body conducting the investigation are not uncommon.
