REHABILITATION OF AN INDIVIDUAL, BROUGHT IN AS A SUSPECT OR DEFENDANT

Abstract

Rehabilitation should be perceived as the most substantial institution of criminal procedural law, implying compensation of property and elimination of moral harm, as well as the restoration of the rights of an individual to have been unjustifiably subjected to criminal prosecution or the one to have the measures of criminal procedural coercion been unreasonably applied towards.
It is difficult to overestimate the importance of rehabilitation: an individual to have been subjected to illegitimate persecution is to get a real opportunity to recover own good name in the eyes of others and to receive compensation.
The Constitution of the Republic of Kazakhstan recognizes the state obligation to provide victims of authority abuse with the access to justice and compensation for harm inflicted, along with the guarantee of every citizen’s rights realization for the compensation of the damage caused by illegal actions (inaction) of the governmental authorities and their officials. The criminal procedural legislation was brought to correspondence with these provisions of the Constitution of the Republic of Kazakhstan only after the Code of Criminal Procedure became effective, ch. 4 of which stipulates the procedural order of compensation for damage imposed by unlawful and baseless criminal prosecution and conviction.
The objective of rehabilitation in the criminal procedural understanding means the order of restoring the rights and freedoms of a person subjected unlawfully or unreasonably to a criminal prosecution, and compensating the harm brought within.
The article states that the harm inflicted to a human and citizen as a result of unlawful criminal prosecution, is to be reimbursed by the state in full, regardless of the fault committed by inquest conducting bodies, or the inquest executive officer, the prosecutor, the investigator and the court.
In order to get the right to rehabilitation emerged, the admittance of the criminal prosecution to have been conducted with violations of the order for conducting criminal justice shall be necessary and sufficient. That is, as a result of unlawful actions or inactions carried out by state authorities or their officials, where these actions or inaction could have led to an illegitimate commencement of a criminal case pre-trial investigation, unlawful detention or an unlawful criminal charges.
Key words: criminal procedural law, guarantees, rehabilitation, suspect, defendant, property damage, moral harm, criminal prosecution, legal proceedings.