Article 321. Holding a preliminary hearing of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.preliminary hearings in cases of particularly serious crimes are mandatory. In other cases, preliminary hearings are held if it is necessary to send a case by conviction, send the case to the prosecutor, terminate the case, make decisions on the suspension of proceedings in the case, combine and separate criminal cases, as well as consider petitions of the parties.
2. A preliminary hearing of a case shall be conducted by a judge alone in a court session within ten days from the date of the decision on its holding. The parties are notified of the time and place of the preliminary hearing of the case. A protocol is kept during the preliminary hearing of the case.
3.the participation in the court session of the defendant accused of committing a particularly serious crime, his defense lawyer and public prosecutor is mandatory. A defendant accused of committing other criminal offenses, if he submits a petition for this, a preliminary hearing is held without his participation. In case of absence of the defense counsel without good reason, as well as in the absence of the opportunity to participate in the preliminary hearing, the judge takes measures to ensure the participation of the newly appointed defense counsel in the court session. The absence of the victim and his representative, civil plaintiff, civil defendant or their representatives at the court session does not prevent a preliminary hearing of the case.
4. During the preliminary hearing, the judge found guilty of committing a particularly serious crime under the Criminal Code of the Republic of Kazakhstan, as well as committing a crime under Part 1 of Articles 116 (parts two and three), 125 (paragraph 1 of Part three), 128 (paragraph 1 of part four), 132 (part five), 135 (paragraph 1 of part four), 146 (in the third and fourth parts), 160, 163, 164 (in the second part), 168, 249 (in the second part), 317 (in the fourth part), 335 (in the fourth part), 337 (in the fourth and sixth parts), 345 (in the fourth part), 345-1 (in the fourth part), 346 (parts five and six), 380-1 (paragraph 6) of the second part)-from the defendant accused of committing the crimes provided for in articles 380-1 on the existence of a petition for consideration of his case in the presence of a jury, if such a petition is filed, determines whether he supports his petition. Such a petition:
1) murder committed in emergency situations and during mass riots;
2) crimes against peace and human security, against the foundations of the constitutional system and the security of the state;
3) terrorist and extremist crimes;
4) war crimes committed in wartime or in combat conditions;
5) crimes committed as part of a criminal group;
6) in the case of consideration of cases of particularly serious crimes against the sexual inviolability of minors.
5.the judge shall make a decision on the results of the preliminary hearing of the case, in which he shall state the decision on the issues considered. In the absence of grounds for sending the case to the prosecutor on the basis of a criminal record, suspending proceedings on the case, terminating the case, the court, in compliance with the requirements of Article 322 of this code, makes a decision on the appointment of the main trial.
6.if, during the preliminary hearing, the prosecutor changes the accusation, he submits a new formulation to the court in writing, and the judge indicates this in the resolution. If a change in the prosecution by the prosecutor entails a change in the criminal record, the judge returns the case to the prosecutor for redrawing the indictment, the protocol of accelerated pre-trial investigation, the indictment and sending the case to the prosecutor for conviction.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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