The procedural rights of witnesses entitled to defense have been brought into line with the legal positions of the Constitutional Court

Теlegram CC - https://t.me/consot_kz

 

In its normative ruling No. 15-NP of May 22, 2023, on the constitutionality of part three of Article 217 of the Criminal Procedure Code (https://www.gov.kz/memleket/entities/ksrk/documents/details/471968?lang=en), the Constitutional Court noted that the legislature did not include witnesses with the right to defense in the list of persons entitled to state-guaranteed legal aid. At the same time, the CPC provides for their right to independently or through their relatives or trusted persons to invite a lawyer as a defense counsel and to give testimony in their presence, which is in line with the constitutional right of everyone to receive qualified legal assistance. Leaving it solely to the discretion of the investigating judge to decide on the necessity of the presence of a witness entitled to defense during the interrogation of the victim and witness by the investigating judge may subsequently lead to a restriction of the procedural rights of that person as a suspect (accused) in law enforcement practice.

In accordance with the Law of July 16, 2025, “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Optimization of the Criminal Legislation of the Republic of Kazakhstan” https://adilet.zan.kz/rus/docs/Z2500000210, amendments were made to the specified provision of the CPC aimed at strengthening the procedural rights of witnesses who have the right to defense.