Prosecutor's Supervision and Powers

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Questions and Answers

To which instance is a protest submitted, concerning accordance with the Constitution and normative resolutions of the Supreme Court?

  • Supreme Court Council.
  • General Meeting of the Supreme Court.
  • Criminal Affairs Panel of the Supreme Court. (correct)
  • Supervisory Panel of the Supreme Court.

Which of the following options is a comprehensive list of Prosecution acts?

  • Rule of law, requirements, proposals, interpretations.
  • Protest, notification, claim, recipe.
  • Warning, consent, protest, punishment, a sanction.
  • Protest, resolution, sanction, instruction, request, a judgment, a proposal, warning, request, clarification of the law. (correct)

A prosecutor's protest is:

  • Only a mandatory duty to fulfill.
  • To the local executive body or local representative body.
  • Only an illegal act issued by the body.
  • An illegal act, a decision made by the body or responsible person to a higher body or senior official. (correct)

Monitoring the content of intelligence activities and their legality includes:

<p>Implementing intelligence activities, ensuring human and civil rights during operations. (C)</p> Signup and view all the answers

The prosecutor's protest should be reviewed by the appropriate authority or official within:

<p>10 calendar days (D)</p> Signup and view all the answers

What act does the prosecutor issue when it is necessary to seize, inspect, or take into custody?

<p>Resolution (A)</p> Signup and view all the answers

In which acts of the prosecutor are compulsory measures of execution considered?

<p>Resolutions and judgments (B)</p> Signup and view all the answers

What is included in the prosecutor's authority regarding ensuring the legality of the intelligence service?

<p>Terminate the criminal case. (A)</p> Signup and view all the answers

The prosecutor's proposal must be considered by the official or body, by taking measures to eliminate the causes and conditions that contributed to these violations no later than:

<p>Within the period specified by the prosecutor, but no later than 30 calendar days (B)</p> Signup and view all the answers

The content and task of overseeing the legality of the investigation and inquiry is:

<p>All of the above. (D)</p> Signup and view all the answers

What prosecutorial supervision act is introduced to the inquiry and investigation bodies regarding the initiation and investigation of a criminal case?

<p>Instruction (D)</p> Signup and view all the answers

What is NOT included in ensuring legality for investigation and inquiry?

<p>Send the criminal case to court for a new trial. (A)</p> Signup and view all the answers

What is the purpose of prosecutor's monitoring mandates to ensure the execution of criminal cases as well as other violations?

<p>It is intended only for certain individual acts. (D)</p> Signup and view all the answers

What prosecutorial supervision act introduces the prosecutor for the purpose of eliminating the causes and conditions that influence crimes and other violations?

<p>Offer (B)</p> Signup and view all the answers

The Attorney General of the Republic of Kazakhstan is appointed to the office for:

<p>5 years (D)</p> Signup and view all the answers

What is NOT included in ensuring the legality of administrative proceedings?

<p>Detaining and arresting people who have committed administrative offenses (B)</p> Signup and view all the answers

The Prosecutor General of the Republic of Kazakhstan:

<p>Orders, instructions, orders, rules, instructions (B)</p> Signup and view all the answers

The Prosecutor General of the Republic of Kazakhstan is appointed to the office with the consent of the President of the Republic of Kazakhstan:

<p>Senate of the Parliament of the Republic of Kazakhstan (A)</p> Signup and view all the answers

What does prosecutor's jurisdiction NOT include to ensure the legality of administrative proceedings?

<p>Reviewing the legality of administrative detention of citizens, as well as justification of measures in administrative offenses. (D)</p> Signup and view all the answers

The subordination of lower prosecutors to higher prosecutors:

<p>All of the above (D)</p> Signup and view all the answers

Flashcards

Prosecutor's appeal

An act of the Prosecutor's Office in response to violations of the law.

Supervision of legality

Prosecutor ensures adherence to laws during criminal investigations.

Prosecutor's submission

Submission by the Prosecutor to address causes contributing to violations.

Prosecutor's submission consideration

Requires mandatory consideration to eliminate conditions causing violations.

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Action on Prosecutor's submission

The Prosecutor must be notified of the measures taken.

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Purpose of prosecutor's appeal

To appeal unlawful acts or decisions by state bodies or officials.

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When to use prosecutor's appeal?

Related to illegal activities by investigators and inquiry officers.

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Sending a case to court

The Prosecutor or his deputy sends the case to court with sufficient grounds.

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Overturning acts of a lower prosecutor

The Prosecutor or a superior prosecutor can overturn or revoke the acts of a lower subordinate prosecutor, either on the citizen's compliant or their command

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Who funds the Prosecutor's Office?

Through the Prosecutor's Office, which is funded by the National Budget

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What kind of service is the Prosecutor's Office?

A special kind of State Service

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Study Notes

Prosecutor's Supervision

  • Appeals against normative resolutions of the Supreme Court and the Prosecutor General's Office regarding non-compliance with legality are submitted to the Supreme Court's plenary session.
  • Prosecutors oversee legality by issuing acts, including protests, resolutions, instructions, and explanations of laws.
  • The prosecutor's protest targets bodies that have issued illegal acts or officials, and is addressed to superior bodies or officials.

Oversight and Public Interests

  • Oversight of criminal proceedings is conducted within the limits established by "On the Prosecutor's Office" and criminal procedural law.
  • Prosecutors must examine the legality, and analyze the state of legality.
  • A prosecutor cannot initiate criminal proceedings, participate in crime scene inspections, or appoint expertise within criminal proceedings.

Prosecutor's Powers and Limitations

  • Prosecutors safeguard citizen's and organization's rights and interests by demanding and verifying documents related to enforcement proceedings.
  • Actions and acts of the prosecutor can be appealed to a higher prosecutor or to the court.
  • Subordinate prosecutors are mandated to adhere to instructions from higher prosecutors regarding organizational and service matters.
  • Prosecutors cannot appeal court acts in criminal cases. They can, however, discontinue it.

Appointments and Terms

  • The Prosecutor General is appointed by the President with the consent of the Senate of Parliament and serves a term of five years.
  • Regional prosecutors are appointed by the Prosecutor General with the consent of the President.
  • The Prosecutor's bodies are financed by the state budget.

Prosecutor's Response

  • The prosecutor can object to legal acts that violate President and constitutional laws.
  • Prosecutor's supervision extends to ensuring the legality of local government decisions and enforcement of court acts in civil, criminal, and administrative cases.
  • A prosecutor's protest of judicial decrees must be reviewed within 10 days.

Prosecutor's Responsibilities

  • Overseeing the legality of operational-search activities includes ensuring the protection of individuals? human rights and freedoms.
  • Prosecutors coordinate law enforcement to combat crime and ensure public safety.
  • Prosecutors provide methodological support and training for law enforcement agencies.

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