Article 366. Procedure for the presentation and examination of evidence CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. The judicial investigation examines the evidence presented by the prosecution and defense parties.
2. The prosecution is the first to present evidence. The procedure for examining evidence is determined by the court in agreement with the parties. The court issues a ruling on the establishment or modification of the procedure for examining evidence.
3. The defendant, with the permission of the presiding judge, has the right to give evidence at any time during the judicial investigation.
4. The summoning and interrogation in court of a witness and a victim shall not be conducted in cases where their testimony has been deposited by an investigating judge in accordance with the procedure provided for in Article 217 of this Code.
If, by the time the case is considered in court, the grounds that led to the deposition of testimony have disappeared, if it is possible for a person to appear in court, as well as if the witness and victim voluntarily express their will, the court, at the request of participants in the criminal process, has the right to summon and interrogate such persons, including using scientific and technical means via video communication (remote interrogation).
Witnesses are not called or questioned during the shortened trial.
The footnote. Article 366 as amended by the Law of the Republic of Kazakhstan dated 12/19/2020 No. 384-VI (effective ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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