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Following a preliminary examination, the Constitutional Court has accepted for constitutional review a citizen’s petition to assess the compliance of Part 5 of Article 319 of the Criminal Procedure Code with the Constitution.

According to this provision, when issuing a ruling to accept a case for proceedings, the judge is required to simultaneously consider the justification for applying or not applying a preventive measure to the defendant, as well as the justification or lack thereof for the specific type of preventive measure chosen. If a preventive measure has already been applied, the judge must also decide whether to extend its duration, if it has expired by that time.

According to the petitioner, the contested provision allows a defendant to be held in custody without a court sanction and without being granted the right to appeal.

Information on the progress and outcome of the review will be published on the official website and Telegram channel of the Constitutional Court.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/969535?lang=kk