Article 54. Judge of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 54. Judge of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. A judge who, within the limits of his competence, considers a case individually, performs administrative actions to prepare a court session or ensure the execution of his sentence or other decision, and resolves petitions and complaints specified in part three of Article 53 of this Code, shall have the powers of the court.

2. A judge considering a case as part of a panel of judges shall enjoy equal rights with the presiding judge and other judges in resolving all issues arising in connection with the case under consideration. In case of disagreement with the opinion of other judges on the issues under consideration, the judge has the right to express his dissenting opinion in writing, which is sealed in an envelope and attached to the criminal case. Opening of the envelope and familiarization with the judge's dissenting opinion are allowed only by a higher court when considering the case.

3. An investigating judge is a judge of the court of first instance, whose powers include exercising judicial control over the observance of the rights, freedoms and legitimate interests of persons in criminal proceedings in accordance with the procedure provided for by this Code. If it is necessary to replace the investigating judge, he may be reassigned.

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