Article 86. Challenges and petitions for exclusion from participation and exemption from participation in criminal proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. If there are circumstances precluding their participation in the criminal proceedings, the judge, prosecutor, investigator, inquirer, defender, representative of the victim (private prosecutor), civil plaintiff, civil defendant, understood, secretary of the court session, bailiff, translator, expert, specialist must withdraw from participation in the criminal proceedings or they must be challenged by the participants in the criminal process.

     2. The body conducting the criminal proceedings has the right, within the limits of its competence, to resolve the declared challenges and petitions for removal from the proceedings in the case or, if circumstances are found that exclude the participation of a person in the criminal proceedings, to remove him from participation on his own initiative with the issuance of an appropriate resolution. If at the same time as the recusal of the person authorized to resolve challenges in respect of other participants in the process, other participants in the process are challenged, then the issue of recusal of this person is resolved first.

     3. In the event that several persons are excluded from simultaneous participation in criminal proceedings due to their family relations or other personal dependence relationships, persons who later acquired the position of a participant in the process should be eliminated from the criminal proceedings. If persons connected by kinship or other personal dependence relationships find themselves in the court, the person chosen by the presiding judge is subject to removal from participation in the criminal case proceedings.

     4. The secretary of the court session, bailiff, translator, specialist, expert, whose participation in the criminal process is not excluded by any circumstances provided for by this Code, may, at their request, be exempted from such participation by the body conducting the criminal process, due to the presence of valid reasons preventing them from performing their procedural functions.

President    

Republic of Kazakhstan     

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