Judges of the East Kazakhstan region discussed the problematic issues of judicial authorization

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The East Kazakhstan regional court held a "round table" to discuss problematic issues of judicial authorization.

Judges, representatives of the prosecutor's office, the bar association, the investigative department of the Department of Internal Affairs took part in its work.

Speaking, the chairman of the judicial division for criminal cases of the regional court K.Chakpattaev, noted the implementation of the 22 steps of the Plan of Nation: the gradual transfer to the investigative judge of the powers to sanction all investigative actions that limit the constitutional rights of a person and citizen.

According to the judge of the judicial division for criminal cases N. Yelemesova, in 2016 40 investigative judges were appointed in the first instance courts of the region. They considered in 2016 40 applications for suspects for crimes, the punishment for which is provided for less than 5 years imprisonment. Of these, 33 were satisfied, and 7 were refused because of the lack of motives and evidence in support of applications for a preventive measure in the form of detention. The sanctioning of the examination, search, seizure by investigative judges is carried out by issuing a separate resolution, and these petitions are examined solely by investigative judges without a court session immediately, that is, on the day of receipt of the petition with the materials.

Participants in the "round table" made proposals to the Criminal Procedure Code to specify the time for consideration of certain materials that do not require urgency, for example, from one to three days, requiring the demand for materials - ten days. To legalize the instructions for the exact time of delivery, the receipt of materials to the prosecutor's office.

In conclusion, the participants of the event noted the need for joint and coordinated work of authorities conducting pre-trial investigations, prosecutor's offices and courts, and they developed recommendations for general management.

Source: 
Press office of the East Kazakhstan Regional Court