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Home / Codes / Article 542. Features of consideration of a case against a minor in court CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Article 542. Features of consideration of a case against a minor in court CPC RK Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 542. Features of consideration of a case against a minor in court CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Cases concerning minors are considered by specialized inter-district juvenile courts. In the cases provided for by this Code, the case is considered by a specialized interdistrict criminal court or a garrison military court or a specialized interdistrict military court. At the request of a minor suspect or accused, the case may be considered by a court with the participation of jurors in accordance with Chapter 65 of this Code.

     2. Juvenile court proceedings are conducted in accordance with the general rules provided for in this Code, subject to the following features:

     1) the case proceedings are conducted under conditions of limited publicity;

     2) the legal representatives of the minor defendant participate in the consideration of the case, who are present during the entire trial, enjoy all the rights belonging to them and, with their consent, may be questioned as witnesses about the circumstances of the minor's lifestyle and upbringing; if it is impossible for the legal representative participating in the case to appear, he may be replaced by another;

     3) the participation of a defense attorney is mandatory in the court session, the refusal of a minor defendant from a defense attorney cannot be accepted by the court.;

     4) in the cases provided for by this Code, a teacher, a psychologist, and, if necessary, a psychiatrist, representatives of guardianship and guardianship authorities, representatives from the collectives in which the minor studied or worked, participate in the court session.

     3. A minor defendant, with the participation of a legal representative and a defender, has the right to reconcile with the victim, including through mediation, as well as to conclude a procedural agreement with the prosecutor.

 

 

 

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