ЗВУКО-, ВИДЕОЗАПИСЬ КАК ПРИЛОЖЕНИЕК ПРОТОКОЛУ СЛЕДСТВЕННОГО ДЕЙСТВИЯ

Abstract

The article critically analyzes the amendment to the third part of Article 199 of the Code of Criminal Procedure of the Republic of Kazakhstan, introduced by the Law of the Republic of Kazakhstan dated March 17, 2023, No. 212-VII. This addition is examined from the perspective of evidence theory in criminal proceedings and the norms of law of evidence. 

The article highlights the organizational, technical, and time-related complications that pre-trial investigation authorities face when collecting evidence through investigative actions, particularly in relation to ensuring the identity of the content of the investigative action protocol and its annexes in the form of audio and video recordings. Rather than solving the problem, the legislator has substituted the source of evidence with its application, which disrupts the established hierarchy of evidence as outlined in the Code of Criminal Procedure of the Republic of Kazakhstan.

This change could potentially violate fundamental standards of evidence, such as ensuring a complete, comprehensive, and objective investigation of the circumstances of the case, as well as ensuring the relevance, admissibility, reliability, and sufficiency of evidence in a criminal case. The article suggests that a systematic approach to solving this issue could involve reconsidering this “novelty” introduced by the legislator and further developing IT technologies in the process of conducting investigative actions. These technologies could help convert verbal information about the progress and results of such actions into written form on electronic media, ensuring a more accurate and reliable process for gathering evidence.