Article 643. Unmotivated disqualification of candidates for jurors CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. If as a result of meeting the requirements According to Article 642 of this Code, there are more than seventeen candidates for jurors left to participate in the court session, the presiding judge announces the number of remaining candidates for jurors, after which he puts tickets with their names in the ballot box, mixes the tickets and extracts from it as many tickets as necessary so that seventeen remain in the ballot box.
2. After fulfilling the requirements of the first part of this article, the presiding judge hands over the remaining seventeen tickets with the names of the candidates for jurors for the public prosecutor, as well as the defendant and (or) his defense attorney to conduct an unmotivated challenge, as a result of which twelve candidates for jurors should remain.
3. The public prosecutor, the defendant and his defense counsel have the right to request, through the presiding judge, that any of the candidates for the jury introduce themselves.
4. If one defendant participates in the case, the unmotivated withdrawal of two candidates for jurors is carried out by the public prosecutor, and then three candidates for jurors – by the defendant and (or) his defense counsel in the specified order.
5. If several defendants are involved in the case, the public prosecutor has the right to select no more than two candidates for the jury. In this case, the recusal of candidates for jurors is carried out by mutual agreement of the defendants, and in the absence of such agreement – by dividing the number of recusal candidates for jurors equally between them, if possible.
6. If it is impossible to comply with the requirements of part five of this article, the selection of candidates for jurors by several defendants must be carried out by drawing lots and placing tickets with the names of all the defendants in the ballot box. The draw is conducted in an amount equal to the number of undefeated candidates for the jury. The defendant has the right to select as many candidates for the jury as the number of times the ticket with his name has been removed from the ballot box by the presiding judge.
7. The refusal of any of the defendants from the right to challenge candidates for jurors does not entail restrictions on the rights of other defendants to withdraw so many candidates for jurors that there are at least twelve of them.
8. Candidates for jurors may be challenged by the public prosecutor, the defendant or his defense counsel without specifying the reasons for the challenge by writing the word "challenge" on the tickets with the names of the candidates for jurors, affixed with a signature.
9. The defendant has the right to instruct his defense attorney to exercise the right to challenge candidates for jurors. If the defendant waives his right to challenge candidates for jurors, then the defense attorney, without his consent, does not have the right to participate independently in challenging candidates for jurors.
10. If the defendant or all the defendants refuse, if several defendants participate in the case, their right to challenge candidates for jurors is withdrawn by drawing lots, during which the presiding judge or the secretary of the court session extracts as many tickets from the ballot box indicating the names of the undefeated candidates for jurors as they can still be allocated.
11. Tickets indicating the names of candidates for jurors who were unmotivated by the parties are attached to the case file.
President
Republic of Kazakhstan
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