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3 Participants of the Procedure, Who Protect Their Rights and Interests or the Represented Rights and Interests.

  • A suspect shall be recognised as the person, in respect of whom on the bases and in accordance with the procedure, as established by Criminal Procedural Code a criminal case is instituted in connection with suspicion that he committed a crime, which is announced to him by the investigator, inquest officer, or he is detained or a measure of suppression is applied prior to the presentation of accusation.

  • An defendant is recognised as a person, in respect of whom a resolution is passed to hold him as an defendant, or a person in respect of whom at the court a criminal case is instituted through private prosecution, as well as a person, in respect of whom a protocol of accusation is compiled and approved by the head of the body of interrogation. An defendant, in respect of whose case a principal court discovery is appointed, shall be called defendant; an defendant in respect of whom plead guilty sentence is passed – shall be recognised as convict; and a person, in respect of whom a non-guilty sentence is passed shall be recognised as a person exculpated.

  • Defence is a person, who performs, in accordance with the procedure established by the law, the defence of the rights and interests of suspects and defendants and who renders to them legal assistance.

  • A person, in respect of whom the reasons exist to believe that directly by a crime moral, physical or property harm is caused to him shall be recognised as a victim in a criminal procedure.

  • A person, who filed a complaint with the court with regard to a case of private prosecution and who sustains accusation in the court, and also a victim in cases of public and public-private prosecution, who independently maintained the accusation in the court in the case of a refusal of the State prosecutor from accusation, shall be recognised as a private prosecutor.

  • The physical person or legal entity, in respect of whom there are sufficient reasons to believe that a crime caused to him directly property harm, who filed a claim to be compensated for that harm, shall be recognised as a civil plaintiff.

  • A physical person or a legal entity, who by virtue of law in connection with a lawsuit filed in the course of procedure associated with a criminal case, has property liability for harm caused by a crime or act of an insane person, which is prohibited by the Criminal Code of the Republic of Kazakhstan, shall be recognised as a civil defendant.

  • In the cases of violations committed by minors their legitimate representatives shall be involved in accordance with the procedures provided for by this Code, to participate in the case.

  • Advocates and other persons who have the right by virtue of law to represent in the course of procedures associated with the criminal cases legitimate interests of victims, civil plaintiffs and private prosecutors and who are allowed to participate in the case by a resolution of the body that leads the criminal procedure may be representatives of the victim, civil plaintiff and private prosecutor.

  • Advocates and other persons who have the right by virtue of law to represent in criminal case procedures the legitimate interests of the civil defendant and who are allowed to participate in the case by a resolution of the body leading the criminal procedure shall be recognised as representatives of a given civil defendant.

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