Trends in the Development of Legislation on Suspects and Accused Persons in the Criminal Process of Kazakhstan

Abstract

In this article, the author reveals the development trends of the criminal procedure legislation in Kazakhstan regarding the institution of the suspect and the accused. And the author starts from the foundations of the institution of suspects and accused from the study of the criminal procedural legislation in the process of improving the concept of the suspect and the accused. The article also analyzes historical and legal social conditions for the establishment of the institution of the accused and the suspect. The author revealing this part of history begins with the appearance of lawsuits in the Kazakh Khanate. At that time, the judiciary in Kazakh society was exercised by the khan, the sultans and the biy. And also in the Kazakh society the majority of cases were solved with the help of the court of the biys. The author describes in detail the judicial process with the judge, and gives a generalized description of the characteristics of the suspects and accused during the trial of the biys. So, as in the 18th century the Kazakh Khanate became part of the Russian Empire, the court of bey did not stay for a long time in the Kazakh society. After this, one of the actions of the Russian Empire against the Kazakh Khanate, was reflected with the introduction of its laws into the Kazakh society. Since that moment, this has affected the development of the institution of accused and suspected in Kazakhstan. The author will explain that at this stage of history in Kazakhstan the institution of accused and suspects began to develop along with the Russian empire. Particular attention is paid to comparing the institution of involving a person as an accused and a suspect in a different period of time, in connection with various legislative acts. On the basis of analysis, the author reveals the actual problem to date of violation of the legal status of the suspect and the accused at the international level. It also provides an analysis of the international norms for dealing with suspects and accused in custody as a solution to this problem. Key words: Republic of Kazakhstan, criminal process, suspect, accused.