The Constitutional Court will review the constitutionality of the procedure for exercising powers by an investigating judge

Теlegram CС - https://t.me/consot_kz  

 

Based on the results of a preliminary review, the Constitutional Court accepted for constitutional proceedings a citizen's appeal regarding the constitutionality of the first paragraph of part two of Article 56 of the Code of Criminal Procedure.

According to the provision, the investigating judge considers matters within his competence alone, without holding a court hearing.

In the applicant's opinion, the contested provision contradicts the constitutional principle that “everyone has the right to be heard in court.” He believes that judges are obliged to be guided by this principle when applying any law and to promote its implementation. In his opinion, this principle can only be ensured by holding a court hearing.