Comment to article 335. The defendant's participation in the main trial The Criminal Procedure Code of the Republic of Kazakhstan
The main trial takes place with the mandatory participation of the defendant, with the exception of the cases provided for in part two of this article. If the defendant fails to appear, the case must be postponed. The court has the right to subject a defendant who has not appeared without valid reasons to a summons, as well as to apply or change a preventive measure against him.
The hearing of the case in the absence of the defendant may be allowed only in the following cases::
1) when the defendant, accused of committing a criminal offense or a crime of minor and moderate gravity, petitions for consideration of the case in his absence;
2) when the defendant is outside the borders of the Republic of Kazakhstan and refuses to appear in court;
3) refusal of the defendant in custody to appear and attend the court session.
1. The mandatory participation of the defendant in the main trial is primarily conditioned by the observance of the constitutional rights and freedoms of the person involved in the orbit of criminal proceedings.
The conduct of the trial in the absence of the defendant is strictly regulated by part 2 of this article. It is allowed only in the case when, in a criminal case on the commission of a criminal offense or a crime of minor or moderate gravity, the defendant (accused) petitions for consideration of the case in his absence. In this case, the petition must necessarily be attached to the case file.
2. When the defendant is outside the Republic of Kazakhstan and refuses to appear in court, the case may also be considered in his absence. At the same time, the case file should contain information about the exhaustive measures taken by the criminal prosecution body to ensure the appearance of the person brought to criminal responsibility.
3. If the defendant, who is in custody, refuses to appear and attend the court session, the presiding judge has the right to decide on the consideration of the case in his absence. The defendant may at any time express a desire to participate in the trial, but in any case, he must be given the right to utter the last word. The verdict must be pronounced in his presence, or announced to him immediately against receipt.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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