Article 634. Petition for consideration of a case by a court with the participation of jurors of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. Criminal proceedings in accordance with the rules provided for in this section shall be conducted at the request of the suspect or the accused to have their case heard by a court with the participation of jurors.
2. When familiarizing the suspect with all the case materials after the completion of the investigative actions, the person conducting the pre-trial investigation is obliged to explain to him the right to request that the case be considered by a court with the participation of jurors, as well as the legal consequences of satisfying such a request, including the specifics of appealing and considering complaints against court verdicts with the participation of jurors.
3. The suspect and the accused have the right to file a motion for consideration of the case by a court with the participation of jurors upon presentation of all the case materials for review, as well as in the subsequent period, including at a preliminary hearing of the case in court, but before the appointment of the main trial by the court.
4. The motion of the suspect or the accused for the consideration of his case by a court with the participation of jurors or his refusal to use the right to have his case considered by a court with the participation of jurors is reflected in the protocol on the announcement to the suspect of the end of investigative actions and clarification of rights. The motion filed later is presented by the suspect or the accused in writing and immediately sent to the court that has jurisdiction over the case. The petition filed during the preliminary hearing of the case may be written or oral.
5. After the court appoints the main trial, the motion of the accused to have his case examined by a jury is not accepted.
6. The accused has the right to refuse the stated request for consideration of his case with the participation of jurors before the preliminary hearing and during the preliminary hearing. The refusal of the accused to request that his case be considered by a court with the participation of jurors after his confirmation during the preliminary hearing is not accepted.
President
Republic of Kazakhstan
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