Article 347. Protocol of the main trial of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. During the main court proceedings, the minutes of the court session are kept by the secretary.

     2. The protocol is produced by computer, electronic (including audio, video recording), typewritten or handwritten methods.

     3. In the protocol made on paper, if audio or video recordings of the trial were not used, the following shall be indicated:

     1) the date and date of the main trial, the time of its beginning and end;

     2) what case is being considered;

     3) the name and composition of the court, the secretary, the translator, the public prosecutor, the defender, the defendant, as well as the victim, the civil plaintiff, the civil defendant and their representatives, and other persons summoned by the court;

     4) information about the identity of the defendant and the measure of restraint;

     5) the court's actions in the order in which they took place;

     6) statements, objections and petitions of the persons participating in the case;

     7) court orders issued without removal to the conference room;

     8) instructions for making decisions in the conference room;

     9) explaining to the persons participating in the case their rights and obligations;

     10) detailed contents of the readings;

     11) questions of the persons participating in the interrogation, which were withdrawn by the court or which the interrogated refused to answer.;

     12) questions asked to the expert and his answers;

     13) the results of the examinations and other actions performed at the court session to examine the evidence;

     14) the results of the examination of allegations of torture, violence, or other cruel or degrading treatment and the process of their investigation;

     15) references to the facts that the persons involved in the case requested to be confirmed in the protocol;

     16) the main content of the speeches of the parties in the court arguments and the last word of the defendant;

     17) an indication of the announcement of the verdict, resolution, private resolution and clarification of the procedure and time limit for their appeal.

     The testimony is recorded in the first person and, if possible, verbatim, the questions and answers are recorded in the sequence that took place during the interrogation. In addition, the protocol also indicates facts indicating contempt of court, if any, and the identity of the violator, and the measures of influence taken by the court against the violator.

     4. The protocol must be prepared and signed by the chairman and the secretary no later than five days, and in multi-episode cases and cases considered with the participation of jurors, within ten days after the end of the court session. The protocol during the trial may be made in parts, which, like the protocol as a whole, are signed by the presiding judge and the secretary of the court session. At the request of the parties, the prepared part of the protocol is issued as soon as it is ready.

     5. If there is disagreement about the correctness of the recording in the protocol of the trial, made on paper, between the presiding judge and the secretary of the court session, the latter has the right to attach his objections to the protocol in writing, together with notes made during the court session, including audio and video recordings of the court session.

     6. The presiding judge is obliged to notify the parties about the preparation of the protocol of the main trial and provide them with the opportunity to familiarize themselves with it and the audio and video recording materials.

     7. A person questioned in the main court proceedings has the right to request to become familiar with the recording in the protocol and the materials of the audio and video recordings of his testimony. Such an opportunity must be provided no later than the next day after the application is submitted.

     8. At the request of the parties or persons specified in paragraph seven of this article, the court is obliged to submit the protocol in the form of an electronic document certified by the electronic digital signature of the presiding judge and the secretary of the court session.

     9. The rules for the technical application of means of submitting documents to the courts in the form of an electronic document, their registration, processing, and familiarization with them are approved by the authorized state body in the field of judicial administration.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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