Improving the effectiveness of the police-the result of the introduction of a three-tier model of the criminal process

Since the beginning of the year, we have been working on a new three-tier model of criminal procedure.

The need for legislative consolidation of the assignment of duties to the prosecutor of coordination/approval of key procedural decisions in criminal cases was noted by the Head of State in the Address to the people of Kazakhstan dated September 1, 2020.

A clear division of responsibilities between the investigative body, the prosecutor and the court increases the effectiveness of protecting the rights of citizens in criminal proceedings.

These amendments are intended to guarantee the observance of the constitutional rights of citizens, improve the quality of the investigation, and eliminate the unjustified involvement of persons in the orbit of the criminal process.

The new format aimed prosecutors to take timely measures aimed at overturning illegal decisions.

The procedural decisions taken by the investigating authorities in a criminal case are examined by the prosecutor within the established time limits. If violations are detected, measures are taken to immediately cancel them.

That is, the prosecutor carries out continuous and effective supervision.

In the current year, the bodies of pre-trial investigation in transport in criminal cases have made more than 2,200 key procedural decisions that require the approval (approval) of the prosecutor.

The transport prosecutors examined and evaluated these decisions within the established time frame. As a result, more than 2,120 decisions were approved, 82 were rejected (3.5% of the total number of decisions).

Thus, the investigative bodies have become more legally disciplined in making procedural decisions.

As a result, over the past period, no violations of the constitutional rights of citizens have been committed, and there are no facts of unjustified involvement in the orbit of the criminal process and illegal detention of citizens.

The number of criminal cases investigated in electronic format is growing.

To do this, the investigative authorities on transport are equipped with the necessary equipment.

If by the end of last year 50% of criminal offenses were investigated in electronic format, now 75% of all criminal offenses are investigated.

Of course, despite the fact that the three-tier model has been working for a relatively short time, we can already say with confidence that it has had a positive impact on the state of ensuring the rule of law in criminal proceedings.

Main Transport Prosecutor's Office