Comment to article 353. Resolution of the issue of disqualification of an interpreter of the Criminal Procedure Code of the Republic of Kazakhstan

The presiding judge explains to the parties, witnesses, expert, and specialist who have appeared their right to challenge the interpreter and explains the grounds provided for by law for challenging the interpreter. The court resolves the stated challenge according to the rules established by Article 86 of this Code. If the translator's challenge is satisfied, the court shall invite another translator, in respect of whom the issue of challenge is being considered in the same manner.

1. The court finds out the opinion of the participants in the process on the grounds for challenging the interpreter. The grounds for the translator's dismissal are the translator's incompetence, which is expressed in insufficient knowledge of the language and sign language translation. The victim, the civil plaintiff, the civil defendant, the expert, the specialist, the understood, the secretary of the court session, relatives of the specified persons may not be involved as an interpreter, also in the presence of other circumstances giving grounds for his interest in this case.

2. The challenge filed by the translator is resolved by the court in the conference room with the issuance of a decision that is not subject to appeal (protest). Arguments about disagreement with the decision may be included in further appeals, cassation or supervisory appeals.

The participation of the interpreter in the pre-trial proceedings is not a circumstance for challenging the interpreter.

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

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