BRINGING THE ACCUSED TO THE COURT BY THE PROSECUTOR AND ITS STATUS IN THE COMPETENCE PARADIGM OF THE PARTIES

Arstan Nokeshevich Akhpanov, Alexander Leonidovich Khan

2022

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DOI 10.52026/2788-5291_2021_68_1_51
Data confidence 70 medium
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Abstract

The authors analyzed the amendments made by the Law of the Republic of Kazakhstan "On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the implementation of a three-tier model with delimitation of powers and responsibilities between law enforcement agencies, the prosecutor's office and the court" dated December 27, 2021 No. 88 at the stage of bringing the accused to court the prosecutor, an assessment is given of not always systematic and incomplete transformations of the powers of the prosecutor. Only those accused in those criminal cases on which the indictment is drawn up are brought to trial. At the end of the pre-trial investigation in a different procedural form (protocol of the prosecution, protocol of an expedited pre-trial investigation, protocol on a criminal offense, decision on the application of writ proceedings, conclusion of a procedural agreement in the form of a plea bargain), the prosecutor only expresses in the form of a resolution agreement with the corresponding final act of the investigator, the body of inquiry and sends the criminal case to the court. At the same time, the question of bringing the accused to trial is not resolved. In addition, from the standpoint of the theory of criminal procedural law, the authors dispute the partial refusal of the legislator from the stage of bringing to trial - an independent stage of the criminal process, assesses the applied risks and possible legal consequences. In order to avoid contradictions and to fill in the gaps in the Code of Criminal Procedure of the Republic of Kazakhstan, the authors propose the most optimal way to resolve the problem.