Article 365. Determination of the position of the defendant the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.the presiding judge asks the defendant whether the accusation is understandable to him, explains to him the essence of the accusation and determines whether he has an intention to inform the court of his position on the accusation in the cases provided for by this code, whether he has an intention to conclude a procedural agreement with the prosecutor or an agreement on achieving reconciliation with the victim in a mediation manner.
2.The defendant must be explained that it is not related to his confession or non-confession expressed during the pre-trial proceedings, that he is not obliged to answer the question of his confession or non-confession, and that the defendant's refusal to answer is not understood as causing harm to him. The defendant is also explained that recognition of his guilt and sincere repentance are circumstances mitigating his responsibility and punishment. The defendant has the right to motivate his response. The defendant's failure to answer is understood as his failure to admit his guilt.
3.the presiding judge asks the defendant whether he recognizes (in full, in part) the civil claim against him. If the defendant answers this question, then he has the right to motivate the answer. The defendant's failure to respond is understood as his failure to recognize the civil claim.
4.the parties have the right to ask the defendant questions aimed at clarifying his position, including on the issue of concluding a procedural agreement with the prosecutor.
5.in the presence of the circumstances specified in Article 382 of this code, the court considers the issue of discussing the case in a reduced order, based on the position of the defendant.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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