Comment to article 339. Participation of a civil plaintiff or a civil defendant in the main court proceedings The Criminal Procedure Code of the Republic of Kazakhstan
The civil plaintiff, the civil defendant, or their representatives participate in the main trial.
If the civil plaintiff or his representative fails to appear in court, the civil claim may be dismissed. The civil plaintiff retains the right to bring a claim in civil proceedings.
The court has the right, at the request of the civil plaintiff or his representative, to consider a civil claim in the absence of the civil plaintiff.
The court considers a civil claim regardless of the appearance of the civil plaintiff or his representative, if the court finds it necessary or if the claim is supported by the prosecutor.
The non-appearance of the civil defendant or his representative does not stop the consideration of the civil claim.
1. The legislator regulates the participation in the main court proceedings of the civil plaintiff and the civil defendant, or their representatives.
Upon receipt of a reasoned petition from a civil plaintiff or his representative, the court has the right to consider a civil claim in their absence.
2. In case of non-appearance of the civil plaintiff or his representative, the civil claim may be dismissed without consideration. In this case, the civil plaintiff retains the right to file a claim in civil proceedings. If the court deems it necessary, or if the claim is supported by the prosecutor, the court considers the civil claim regardless of the appearance of the civil plaintiff or his representative.
3. In turn, the non-appearance of the civil defendant or his representative does not stop the consideration of the civil claim. Apparently, in this case we are talking about a situation where the opinion of the civil defendant or his representative on the merits of the civil claim has already been clarified by the court, and subsequently he did not appear at the trial. Otherwise, if the opinion of the defendant or his representative on the claimed civil claim was not clarified by the court at all, but the claim was considered, we can talk about a violation of rights. These are cases where the civil defendant is not the defendant, but another person.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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