Article 383. Content and procedure of judicial debate Criminal Procedure Code of the Republic of Kazakhstan

       1.at the end of the judicial investigation, the presiding judge announces the transition of the court to the judicial debate and clarifies to the participants of the judicial debate that they do not have the right to refer in their speeches to materials not presented at the court session and not studied. If it is necessary to present new evidence to the court, they can file a petition for the resumption of the judicial investigation.

     2.at the request of the participant of the judicial debate, he is given time to prepare for the judicial debate, for which the presiding judge announces a break in the court session, indicating the duration.

     3.the judicial debate consists of the words of the accuser, the victim or his representative, the civil plaintiff and the civil defendant or their representatives, the defendant and the defense attorney. In cases where a procedural agreement or an agreement on the achievement of reconciliation in a mediated manner is concluded, a judicial debate is not conducted during a shortened judicial investigation. The order of speech of the participants in the process is established by the court on their recommendations, but in all cases, the first to speak is the accusatory one.

     4.if the public prosecution is supported by several public prosecutors, if several victims, defense attorneys, civil defendants and their representatives, civil plaintiffs and their representatives, defendants are involved in the case, the presiding officer gives them time to agree on the sequence of speeches among themselves. If necessary, the court session may be adjourned for this. If the specified persons cannot agree on the sequence of their speeches in the debate, the court, having listened to their opinions, decides on the sequence of speeches.

     5.the duration of the judicial debate may not be limited by the court to a certain time, however, the presiding judge has the right to terminate them if the words of the persons participating in the debate relate to circumstances unrelated to the case under consideration or are based on evidence not studied at the court session.

     6.after all participants in the judicial debate have made a speech, each of them has the right to once again express brief objections or comments (replicas) on the reasons stated in the speech of the representatives of the parties. The right to make the last remark in all cases belongs to the defendant and his defense attorney.

     7.each participant in the judicial debate may submit to the court in writing the wording of the decision submitted by him on the issues specified in Paragraphs 1)-6) of part one of Article 390 of this code. The proposed formulation will not be binding on the court.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

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Republic of Kazakhstan     

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