Corruption risks in the Criminal Procedure Code of the Republic of Kazakhstan

Abstract

In the article, the author makes a comprehensive analysis of it in the direction of identifying corruption risks in the current Criminal Procedure Code of the Republic of Kazakhstan. The study is guided by the good practices of some Western European countries regarding criminal proceedings.

As a result of the study, the author considers the revision of the Criminal Procedure legislation in connection with the excessive discretionary powers granted to the criminal prosecution authorities, the establishment of secret investigative actions on the grounds of inconsistency of the concept of "investigative actions", the limitation of the possibility of supervision by the investigator and, accordingly, in order to prevent the threat of falsification by the, it also proposes, guided by the practice of the Belgian state, to improve the system of refusal of charges in a criminal case, the jurisdiction of the prosecutor to re-qualify the criminal case considered committed by the defendant, the exclusion of types of house arrest and bail from the number of preventive measures, the right of the Defense party to get acquainted with the materials of the case in a timely manner, transparency, legality, 

In general, the author proposes to Re-study the three-link model of criminal proceedings, which is currently proposed and implemented, to avoid corruption risks in it.