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Article 80. Witness statements of the Civil Procedure Code of the Republic of Kazakhstan

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

Article 80. Witness statements of the Civil Procedure Code of the Republic of Kazakhstan

     1. A witness may be any person who knows any information about the circumstances relevant to the case. The testimony of a person is not recognized as evidence if he cannot indicate the source of his knowledge.

     2. The person requesting to summon a witness is obliged to inform the court of his surname, first name, patronymic and place of residence or place of work, to justify the need to interrogate this witness.

     3. Are not subject to interrogation as a witness:

     1) persons who, due to their young age, physical or mental disabilities, are unable to correctly perceive facts and give correct testimony about them, with the exception of cases involving disputes about the upbringing of children;

     2) representatives in civil, administrative cases, or representatives, defenders in a criminal case, a case of an administrative offense – about the circumstances that became known to them in connection with the performance of their duties as a representative or defender;

     3) the judge is responsible for maintaining the secrecy of the meeting when discussing the circumstances of the case when making a decision or sentence.;

     4) the arbitrator, the juror – about the circumstances that have become known to them in connection with the performance of their duties.;

     5) the mediator, the judge who conducted the mediation, – about the circumstances that became known to them in connection with the mediation, with the exception of cases provided for by law.;

     6) clergymen – about the circumstances that became known to them from persons who trusted them in confession;

     7) other persons specified in the law.

     3-1. The Commissioner for Human Rights in the Republic of Kazakhstan is not obliged to testify about the circumstances that have become known to him in connection with the performance of his official duties. He has the right to refuse to testify and cannot be held accountable for this in any way.

     4. A person has the right to refuse to testify in court against himself, his spouse and close relatives, whose circle is determined by law.

 

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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