Article 337. Participation of the public prosecutor in the main trial of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Participation in the main trial of the prosecutor as a public prosecutor is mandatory, with the exception of private prosecution cases.

     2. In complex and multi-episode cases, the State prosecution may be supported by several prosecutors.

     3. If it is found impossible for the prosecutor to continue participating in the trial, he may be replaced. The entry of a new prosecutor into the case does not entail a repetition of the actions that had been committed in court by that time, but at the request of the prosecutor, the court may grant him time to familiarize himself with the case materials.

     4. The prosecutor presents evidence and participates in its examination, presents to the court his opinion on the merits of the charge, as well as on other issues arising during the trial, makes suggestions to the court on the application of criminal law and the imposition of punishment to the defendant.

     5. The prosecutor submits or supports a civil claim filed in the case, if this is required by the protection of citizens' rights, state or public interests.

     6. In supporting the prosecution, the prosecutor is guided by the requirements of the law and his inner conviction based on the results of consideration of all the circumstances of the case. The prosecutor can change the charge. The prosecutor is obliged to drop the charge (in whole or in part) if he comes to the conclusion that it has not been confirmed in court proceedings. The public prosecutor's refusal to charge is allowed during the judicial investigation or judicial debate.

     7. In the case of a complete refusal by the prosecutor from the charge, if the victim also refused the charge, the court, by its decision, terminates the case. If the victim insists on the charge, the court continues the proceedings and resolves the case in a general manner. In this case, the prosecutor is exempt from further participation in the process, and the prosecution is supported by the victim personally or through a representative. At the request of the victim, the court must provide him with time to invite a representative. In case of partial refusal of the prosecutor and the private prosecutor from the charge, the court dismisses the case in that part of the charge that the prosecution refused, the case in the rest of the charge is considered in the general order. If the prosecutor has changed the charge and the victim does not insist on the previous charge, the court will consider the case on a new charge.

     8. In the cases provided for by this Code, the prosecutor has the right to conclude a procedural agreement with the defendant. In the presence of the circumstances specified in the third part of Article 68 of the Criminal Code of the Republic of Kazakhstan, the prosecutor has the right to request the termination of the criminal case.

President    

Republic of Kazakhstan     

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