Comment to article 333. Reserve judge of the Criminal Procedure Code of the Republic of Kazakhstan
When considering a case that requires a long time for its trial, an alternate judge may be appointed.
A substitute judge is present in the main court proceedings from the beginning of the opening of the court session or from the moment the court decides on his participation and, in the event of the judge's departure, replaces him. At the same time, the trial continues. A substitute judge shall enjoy the rights of a judge from the moment of the retirement of the previous judge. A substitute judge who has taken the place of a retired judge has the right to demand the resumption of any judicial actions.
1. Taking into account the category of the criminal case, its complexity and volume, in order to ensure the principles of the criminal process, a substitute judge is appointed by order of the Chairman.
We are talking about cases where the one-month period prescribed by law for its consideration is clearly insufficient, and a longer period is required.
2. A substitute judge shall be present in the main court proceedings from the beginning of the opening of the court session or from the moment the court decides on his participation. In case of retirement of a judge or one of the judges during the collegial consideration of the case, the alternate judge replaces him. At the same time, he enjoys all the rights of a judge.
3. When a substitute judge enters the case, it is not necessary to conduct the trial of the case first. At the same time, the substitute judge, who took the place of the retired one, has the right to examine all the materials, to demand the resumption of any judicial actions conducted before his entry.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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