Comment to article 364. The beginning of the judicial investigation The Criminal Procedure Code of the Republic of Kazakhstan

The judicial investigation is carried out in full or in an abbreviated manner and begins with the prosecutor stating the essence of the charge against the defendant, and in cases of private prosecution – with the presentation of the complaint by the person who filed it, or his representative, and in their absence – by the secretary of the court session.

If the charge is changed to a less serious one or part of the charge is dropped, the prosecutor must present to the court a new motivated wording of the charge in writing. After stating the essence of the charge, the prosecutor has the right to declare to the court his intention to conclude a procedural agreement.

The judicial investigation is the most important part of the trial, in which the court, with the participation of the parties – the public prosecutor, the private prosecutor, the defendant, his defense attorney, as well as other participants in the process, examines the evidence collected during the pre-trial investigation stage, as well as evidence presented by the participants in the trial at the court session and requested by the court itself. Evidence is crucial for forming the judge's inner conviction on all issues to be discussed when passing a court verdict in a conference room. The significance of the judicial investigation lies in the fact that only the materials examined and verified during the judicial investigation can be used as the basis for a verdict.

In cases where a pre-trial investigation has been conducted, the judicial investigation begins with the statement by the public prosecutor of the charges brought against the defendant. As a general rule, the public prosecutor reads out the text of the indictment. At the same time, the prosecutor has the right to state the main provisions of the charges, but the wording of the charges and information about the identity of the defendant are fully disclosed. If there are several defendants in the case, then this should be done in relation to each of them.

In cases of private prosecution, the private prosecutor (the victim or his representative) states his statement in full. In the absence of these persons, the application is announced by the secretary of the court session.

The prosecutor also sets out a new motivated wording of the charge in writing, if he changes the charge to a less serious one or if part of the charge is dropped.

If, at the preliminary hearing, the prosecutor made changes to the charge against the defendant, the judge's ruling, which reflects the prosecutor's position, is also announced.

In multi-episode and complex cases, when the presentation of charges takes a long time, the court has the right to declare a break.

After stating the essence of the charge, the public prosecutor has the right to declare to the court his intention to conclude a procedural agreement. A procedural agreement between the prosecutor and the defendant may be concluded in accordance with the procedure and on the grounds provided for by this Code.

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

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