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

The Constitutional Court received a petition to review the constitutionality of Part Two of Article 94 of the Criminal Procedure Code.

The petitioner argued that the decision to dismiss a defense counsel during the pre-trial investigation is made by the prosecutor, rather than by an investigative judge. In his view, this violates the principle of equality between the prosecution and the defense.

The Constitutional Court noted that the contested provision had already been reviewed for compliance with the Constitution of the Republic of Kazakhstan (Normative Resolution No. 53-NP dated October 9, 2024). The final decision resulting from that review is available here: https://www.gov.kz/memleket/entities/ksrk/documents/details/732532?lang=en 

Furthermore, the Constitutional Court emphasized that the petitioner had exercised his right to judicial protection by challenging the prosecutor’s decision under Article 106 of the Criminal Procedure Code. Based on this, the Constitutional Court declined to admit the petition for constitutional proceedings.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/972383?lang=kk