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Home / Codes / Article 215. Peculiarities of interrogation of a minor witness or victim CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Article 215. Peculiarities of interrogation of a minor witness or victim CPC RK Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 215. Peculiarities of interrogation of a minor witness or victim CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. A teacher and (or) psychologist are called to participate in the interrogation of a witness or victim under the age of fourteen, and at the discretion of the person conducting the pre-trial investigation, and to participate in the interrogation of a witness or victim between the ages of fourteen and eighteen. During the interrogation of a minor witness or victim, his legal representatives may be present.

     2. Witnesses and victims under the age of sixteen are not warned about responsibility for refusing to testify and knowingly giving false testimony. When explaining the procedural rights and obligations to such witnesses and victims, they are reminded of the need to tell only the truth. Underage witnesses and victims are given the right to refuse to give evidence incriminating themselves or close relatives in committing a criminal offense.

     3. The persons present during the interrogation, indicated in the first part of this article, are given the right to make observations on violations of the rights and legitimate interests of the interrogated, which must be recorded in the protocol, and also, with the permission of the person conducting the pre-trial investigation, to ask questions to the interrogated. The person conducting the pre-trial investigation has the right to withdraw the issue, but must record it in the protocol and indicate the reason for the withdrawal.

 

 

 

 

 

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