Article 322. Appointment of the main trial of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.the judge shall appoint the main trial without holding a preliminary hearing in accordance with part five of Article 321 of this code or with the conclusion that in the course of pre-trial proceedings all the requirements of this code to ensure the rights of participants in the process have been observed and there are no other circumstances preventing the consideration of the case in court.
2. in the resolution on the appointment of the main judicial proceeding:
1) indicate a person who is a defendant;
2) an accurate indication of the criminal law in which it is submitted to the court;
3) a decision on compliance with preventive measures and measures to ensure the filing of a civil claim, their cancellation, their modification or selection and possible confiscation;
4) decisions on objections, petitions and other statements of participants in the process;
5) the decision to send the chosen person of the accused as a defender or to appoint a defender to the previous one;
6) A list of persons to be summoned to the main court session. Persons whose testimony was deposited during the pre-trial investigation are not called to the court session;
7) a decision on hearing a case without his participation, if the law allows an absentee consideration of the court case;
8) information on the place and time of the main trial;
9) in cases stipulated by this code, a decision on the consideration of a case in a general or abbreviated manner, in an open or closed court session;
10) decision on the language of legal proceedings;
11) a decision on a reserve judge.
3.if a preliminary hearing is held in the case, the decision on the appointment of the main court session must reflect decisions on the issues put up for discussion.
4.the main trial shall begin after at least three days from the date of notification to the parties of the place and time of the beginning of the court session and when it is considered in a reduced order – no later than ten days from the date of the decision on its appointment and when it is considered in a general manner – no later than fifteen days. In exceptional cases, this period may be extended by a judge's decision, but not more than thirty days.
5.the main trial must be completed within a reasonable time frame. In case of reduced proceedings, the main court proceedings must be completed within the time limits established by Part Two of Article 382 of this code.
When determining the logical time frame for the main trial, such circumstances as the legal circumstances and the actual complexity of the criminal case, ensuring the implementation of the procedural rights of the participants in the process, the sufficiency and effectiveness of judicial actions are taken into account.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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