Article 636. Features of the preliminary hearing of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

 1. A preliminary hearing shall be conducted by a judge alone, with the mandatory participation of the defendants, including those who do not have the right to have the case heard with the participation of jurors and their defenders.

     2. At the beginning of the court session, the judge announces which case is to be considered, introduces himself to the persons present at the meeting, informs them who is the public prosecutor, defense attorney, secretary, finds out the identity of the defendant, resolves the stated challenges. The Public Prosecutor announces the indictment. The judge finds out whether the defendant understands the charge, explains to him the essence of the charge, if necessary, and asks if he confirms his request for his case to be considered by a jury. If a motion for a trial by jury has not been filed, the judge explains to the defendant that it can be filed directly at this court session. The defendant's oral petition is entered in the minutes of the court session, and the written petition is attached to the case file. The defendant's refusal to file a motion for a trial by jury, as well as his unwillingness to file such a motion, are reflected in the minutes of the court session or the defendant's written statement, which is attached to the case.

     3. If the defendant has confirmed his request for the trial of his case by a court with the participation of jurors, the judge decides to grant this request, while the opinion of the other defendants is not taken into account, and proceeds to consider other petitions filed by the public prosecutor, the victim, the defendant and his defense counsel.

     4. Excluded by the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective sixty calendar days after the date of its first official publication).

     5. If the defendant has not confirmed his request for the trial of his case by a court with the participation of jurors, in the absence of other grounds provided for in the first part of Article 321 of this Code, the judge shall declare the preliminary hearing over. Further proceedings on the case are conducted according to the rules provided for in Chapter 42 of this Code.

     6. The decision of the judge on the consideration of the case by the court with the participation of jurors is final. In the future, the decision cannot be reviewed due to a change in the position of the defendants.

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

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