The Constitutional Court examined an application seeking a review of the constitutionality of the first paragraph of Article 254 of the Criminal Procedure Code, which regulates the procedure for seizing documents containing state secrets or other information protected by law.

The application arose from a criminal case in which the applicant was found guilty of using a knowingly forged document. The applicant disagreed with the court’s finding that a certificate of temporary incapacity for work did not contain information constituting a secret protected by law.

According to the applicant, the lack of clarity in the term “other secrets protected by law” in the contested provision makes it impossible to determine unequivocally whether authorization from an investigating judge is required for the seizure of the relevant documents.

The Constitutional Court noted that the Constitution guarantees the inviolability of private life, the protection of personal and family secrets, as well as the protection of personal data. Legislation provides for various categories of secrets protected by law, including medical confidentiality, and establishes procedural safeguards for the seizure of documents containing such information.

In particular, the seizure of documents containing state secrets or other secrets protected by law requires authorization from an investigating judge. Information obtained in violation of criminal procedural law cannot be used as evidence.

Determining whether a particular document contains information protected by law and whether authorization from an investigating judge was required for its seizure involves assessing the circumstances of the specific criminal case and falls within the competence of the court hearing the case.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/1309010?lang=ru