Comment to article 345. The schedule of the main trial The Criminal Procedure Code of the Republic of Kazakhstan

The main trial takes place in the conditions of,

ensuring the normal operation of the court and the safety of the participants in the process. The main trial may take place via video link, the decision on which is made by the presiding judge of the case.

Before the court enters the courtroom, the bailiff, and in his absence, the secretary of the court session, announces: "The trial is underway," all those present at the court session stand up, after which, at the suggestion of the presiding judge, they take their seats.

All participants in the trial address the court, give evidence and make statements standing up. Deviation from these rules is allowed with the permission of the chairman.

All participants in the main trial, as well as all citizens present in the courtroom, must obey the orders of the presiding judge to observe the order of the court session.

Persons under the age of sixteen, unless they are a party or witness, are not allowed into the courtroom. If necessary, the bailiff has the right to demand from the citizen a document confirming his age. Intoxicated persons are also not allowed in the hall.

Photographing, using sound, video and film recordings in the courtroom are allowed with the consent of the participants in the process and the permission of the presiding judge. These actions should not interfere with the normal course of the trial.

In order to ensure the safety of the participants in the trial, the court shall take measures and conduct the trial in accordance with the provisions provided for in Article 98 of this Code.

Before the start of the main trial, the presiding judge explains to all participants in the trial about the right to apply to the court to ensure security measures.

At the request of one of the parties or a participant in the trial to take security measures, the court has the right to make a ruling on this issue.

The main trial is the most important stage of the criminal process, during which the circumstances of the case are clarified, evidence is examined, and the truth of the case is established. This article establishes the procedure for conducting the main trial. The chairman of the case is called upon to ensure order and to demand compliance with the established requirements for the participants in the process and the persons present in the courtroom. The bailiff, who provides assistance to the presiding judge, is called upon to deal with issues of ensuring the safety of participants in the process.

By the decision of the presiding judge, the main trial may take place via video link.

All participants in the process, the interrogated persons, must address the court and give evidence standing up. Exceptions are allowed with the permission of the court.

Persons under the age of sixteen, if they are not a party or witness, are not allowed into the courtroom, the bailiff has the right to entrust an identity document. If necessary, the court may decide to leave a person under the age of sixteen in the courtroom.

The issues of using recording devices during the trial are decided by the presiding judge, taking into account the opinions of the participants in the process.

The chairman is obliged to explain to the participants in the process the right to appeal to the court on the issue of taking security measures. Upon receipt of such an appeal, at the request of a party or participant in the process, the court issues a resolution on the adoption of security measures.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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