Article 362. Application and resolution of petitions of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. The Chairman shall ask the parties whether they have any requests to summon new witnesses, experts and specialists and to request physical evidence and documents, including mediation procedures or the conclusion of a procedural agreement. The person who filed the petition is obliged to indicate which circumstances require additional evidence.

     2. The presiding judge is also obliged to find out from the parties whether they have petitions to exclude from the proceedings materials that are inadmissible as evidence.

     A petition for the recognition of evidence as inadmissible in connection with the circumstances provided for in the third part of Article 112 of this Code shall be resolved immediately after his application. In other cases, it can be resolved both during the judicial investigation and after removal to the conference room at the same time as the verdict is passed. The court's decision on the petition is executed in accordance with the procedure provided for in Article 99 of this Code.

     3. The court, having listened to the opinion of the other participants in the judicial proceedings, in the manner and within the time limits established by Article 99 of this Code, must consider each submitted petition, including the conclusion of a procedural agreement and mediation, grant it or issue a reasoned decision to dismiss the petition.

     4. The court has no right to refuse to satisfy petitions for the conclusion of a procedural agreement or an agreement to achieve reconciliation through mediation, as well as to question persons in court as specialists or witnesses who appeared in court on the initiative of the parties.

     5. A person to whom a court has refused to satisfy a petition has the right to file it further.

President    

Republic of Kazakhstan     

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