Comment to article 338. Participation of the victim in the main trial The Criminal Procedure Code of the Republic of Kazakhstan
The main trial takes place with the participation of the victim or his representative.
If the victim fails to appear, the court decides whether to hear the case or postpone it, depending on whether, in the absence of the victim, it is possible to fully clarify all the circumstances of the case and protect his rights and legitimate interests. If a representative of the victim appeared at the court session, the court decides this issue taking into account the opinion of the representative.
At the request of the victim, the court may release him from attending the court session, obliging him to appear at a certain time to testify.
In cases of private prosecution, failure of the victim to appear at a court hearing without valid reasons entails the termination of the case, however, at the request of the defendant, the case may be considered on its merits in the absence of the victim.
1. The victim, as a party to the prosecution, participates in the judicial proceedings of the case, exercises his rights to examine all evidence, maintain a civil claim, if any. The victim also has a number of responsibilities, in particular the need to appear at a court hearing and give evidence.
However, the court, taking into account the circumstances of the case, may decide to consider the case in the absence of the victim, or after hearing the testimony of the victim, his opinion on the type and amount of punishment, having considered the relevant petition, release him from participation in the trial. The interests of the victim may be protected by his representative.
2. In criminal cases of private prosecution, the failure of the victim to appear without valid reasons entails the termination of the criminal case due to the absence of corpus delicti in the act, but if the defendant insists, the case may be considered on its merits.
The question of the validity of the reasons for the victim's non-appearance at the court session is subject to mandatory clarification by the court, and if the non-appearance is recognized as valid, the trial is postponed until the circumstances disappear.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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