Law of Evidence at Kazakhstan
Kazakhstan's legal framework for the law of evidence is primarily governed by two key statutes: the Criminal Procedure Code (CPC) and the Civil Procedure Code (CivPC). These codes establish comprehensive rules on the collection, evaluation, and admissibility of evidence in criminal and civil proceedings, respectively.
🧾 Criminal Procedure Code (CPC)
The CPC outlines procedures for evidence in criminal cases, emphasizing the principles of legality, fairness, and thoroughness.
Key Provisions:
Article 121 – Proof: Evidence encompasses the collection, research, evaluation, and use of evidence to establish circumstances relevant to the lawful, reasonable, and fair resolution of a case. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
Article 122 – Collection of Evidence: Evidence is collected during pre-trial investigations and court proceedings through procedural actions provided in the Code. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
Article 125 – Evaluation of Evidence: Each piece of evidence is assessed for relevance, admissibility, and reliability, with the totality of evidence evaluated for sufficiency to resolve the criminal case. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
Article 128 – Evaluation of Evidence: Judges, prosecutors, investigators, and interrogating officers evaluate evidence based on their inner conviction, guided by law and conscience. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
🏛️ Civil Procedure Code (CivPC)
The CivPC governs evidence in civil litigation, focusing on the principles of transparency, equality, and adversarial proceedings.
Key Provisions:
Article 66 – Information as Evidence: Information about facts is recognized as inadmissible if obtained through violations such as use of violence, threats, or illegal actions. (Code of Civil Procedure No. 377-V of October 31, 2015 (as amended by Law of the Republic of Kazakhstan No. 262-VI of July 3, 2019))
Article 67 – Credibility of Evidence: Evidence is considered reliable if, upon verification, it is found to be true. (Code of Civil Procedure No. 377-V of October 31, 2015 (as amended by Law of the Republic of Kazakhstan No. 262-VI of July 3, 2019))
Article 68 – Evaluation of Evidence: The court evaluates the evidence based on its relevance, admissibility, and credibility, considering the totality of evidence. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
Article 203 – Studying of Material Evidence: Material evidence is studied by the court and presented to the persons participating in the case, with the opportunity for explanations. (Civil Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
⚖️ Core Principles of Evidence Law in Kazakhstan
Legality: Evidence must be obtained in accordance with the law. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
Admissibility: Only evidence obtained through lawful means is admissible in court.
Credibility: Evidence must be reliable and consistent with the facts.
Relevance: Evidence must pertain directly to the issues in the case.
Sufficiency: The totality of evidence must be sufficient to establish the facts of the case.
For detailed information, you can access the full texts of the Criminal Procedure Code and Civil Procedure Code through the official legal information system of Kazakhstan: Adilet LIS and Adilet LIS, respectively. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
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