Article 338. Participation of the victim in the main trial of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. The main trial takes place with the participation of the victim or his representative.
2. If the victim fails to appear, the court decides whether to hear the case or postpone it, depending on whether, in the absence of the victim, it is possible to fully clarify all the circumstances of the case and protect his rights and legitimate interests. If a representative of the victim appeared at the court session, the court decides this issue taking into account the opinion of the representative.
3. At the request of the victim, the court may release him from attending the court session, obliging him to appear at a certain time to testify.
4. In cases of private prosecution, failure of the victim to appear at a court hearing without valid reasons entails the termination of the case, however, at the request of the defendant, the case may be considered on its merits in the absence of the victim.
President
Republic of Kazakhstan
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