Comment to article 363. Resolving the issue of the possibility of hearing the case in the absence of any of the persons involved in the case The Criminal Procedure Code of the Republic of Kazakhstan

If any of the participants in the trial, as well as a witness, expert or specialist, fail to appear, the court hears the opinion of the parties on the possibility of hearing the case and issues a decision to postpone the trial or continue it and summon the failed persons to the next court session or bring them.

1. Having established from the report of the secretary of the court session on the absence of persons summoned to court, the presiding judge asks the opinion of the parties on the possibility of continuing the court session or the need to postpone it.

2. As a general rule, it is mandatory for the defendant, the public prosecutor, and the defense attorney to participate in the court session.

The legislator provides for cases when the trial is allowed in the absence of the defendant.:

1) in cases of criminal misconduct or minor and moderate crimes, if the defendant petitions for consideration of the case in his absence.;

2) when the defendant is outside the borders of the Republic of Kazakhstan and avoids appearing in court;

3) refusal of the defendant in custody to appear and attend the court session.

3. At the request of the victim, the court may release him from attendance at the court session, obliging him to appear at a certain time to give evidence. In cases of private prosecution, the victim's failure 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.

4. Participation in the main trial of the prosecutor as a public prosecutor is mandatory, with the exception of cases of private prosecution.

When deciding whether to postpone or continue the trial in connection with the failure of persons summoned to court, the court takes into account the procedural provisions governing the participation of participants in the trial in the court session.

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

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