Comment to article 369. Interrogation of the victim The Criminal Procedure Code of the Republic of Kazakhstan
The victim is interrogated according to the rules of witness interrogation provided for in Article 370 of this Code.
The victim, with the permission of the presiding judge, has the right to testify at any time during the judicial investigation.
The interrogation of the victim is carried out according to the rules established for the interrogation of witnesses. However, the victim, with the permission of the presiding judge, may testify at any time during the judicial investigation, i.e., just like the defendant. This is due to the fact that the victim represents, along with the public prosecutor, the prosecution and enjoys equal rights with the defendant.
The victim is obliged to give truthful testimony, therefore, like the witness, he is warned of responsibility for refusing to testify and for giving deliberately false testimony.
When there are several victims in a case, the order of their interrogation is determined by the court. During the interrogation of one victim, the other victims are not removed from the courtroom. A representative of the victim may not be questioned at a court hearing in place of the victim himself.
The testimony of the victim or his representative, questioned at previous court sessions in this case when the proceedings were postponed, may be announced by a court decision.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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