"Miranda Rules"

In accordance with the Constitution of the Republic of Kazakhstan, human dignity is inviolable and no one should be subjected to torture, violence, or other harsh or degrading treatment or punishment.

This rule of law is an international standard and is enshrined in international human rights instruments, such as the universal Declaration of human rights, the international civil rights clause, the Declaration on protection from torture, and the Convention against torture and other cruel, inhuman or degrading treatment or punishment.

According to paragraph 3 of article 16 of the Constitution of the Republic of Kazakhstan, every person detained, arrested, or accused of committing a crime has the right to use the assistance of a lawyer (defender) from the moment, respectively, of detention, arrest, or indictment.

So, in order to protect the constitutional rights of citizens the legislator developed the new rules in the Criminal procedure code of the Republic of Kazakhstan (hereinafter – RK CPC).

The procedure for detaining citizens is detailed, as well as the rules governing the procedure and grounds for delivery in order to clarify the involvement of a person in a criminal offense. By analogy with the American "Miranda Rules", a norm has been introduced that obliges the detainee to verbally declare his rights and obligations during detention.

As follows from the criminal procedure code of the Republic of Kazakhstan, an official of the criminal prosecution authority verbally announces to a person on suspicion of committing a criminal offense, explains to him the right to invite a lawyer, the right to remain silent and that what he said can be used against him in court.

prosecutor North Kazakhstan

transport Prosecutor's office

Teleuov A. main