DETENTION OF A SUSPECT AS A MEASURE OF CRIMINAL-PROCEDURAL COERCION IN THE CRIMINAL PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN

The author analyses the problems of the legal mechanisms of detaining the accused in criminal court procedures in the Republic of Kazakhstan at the present stage of the development of the society and the state. The paper contains a detailed analysis of legal norms regulating the grounds for detaining a suspect. It is noted that the grounds for detaining a person suspected of committing a criminal offence should be viewed as proof of that person's connection with the offence. A characteristic of the contents of this criminal procedure institute is presented. The author also argues for the viewpoint that the grounds for detention given in Art. 128 of the Criminal Procedure Code of the Republic of Kazakhstan have the characteristics of evidence for the criminal case with a reservation that this approach cannot be used for the grounds given in Clause 4, Part 2 of Art. 128 of the Criminal Procedure Code of the Republic of Kazakhstan. In particular, the author concludes that the information obtained in accordance with the law on investigation activities and the information obtained as a result of a secret investigative operation do not posses, by themselves, the characteristics of evidence. Besides, he studies the issue of the legality of using investigative work materials as grounds for detaining the suspect. The author presents his own version of Clause 4, Part 2 of Art. 128 of the Criminal Procedure Code of the Republic of Kazakhstan with the purpose of improving the mechanism of applying the criminal procedure measure of coercion in the form of detaining the suspect. It is noted that the presented version of Art. 124 of the Criminal Procedure Code of the Republic of Kazakhstan should be supplemented by Part 2 in order to bridge the gap in the criminal procedure legislation regulating the transformation of investigative work materials into evidence. The conducted research allowed the author to classify all the grounds for detaining the person suspected of a criminal offence according to the following criteria: goal; specific character of circumstances; having the characteristics of evidence in the criminal case. In summary, the author's classification will help systematize the knowledge regarding the grounds for detaining a person suspected of a criminal offence and will allow the law enforcement authorities to select the grounds that will let it reach the goal of the criminal court procedure. The author suggests that the presented characteristics of the contents of the institute under consideration should be taken as a basis for forming the concept of the essence of the institute of detaining the suspect and that this should start a serious discussion.