Comment to article 389. The secrecy of the verdict The Criminal Procedure Code of the Republic of Kazakhstan

The verdict is passed by the judge reviewing the case, under conditions that exclude the possibility of exerting any influence on it. The presence of other persons, including a substitute judge, is not allowed during the sentencing.

At the end of working hours, as well as during the working day, the judge has the right to take a rest break and leave the conference room.

Before the verdict is announced, the judge has no right to disclose his opinions and judgments that determine the decision on the case.

1. The secrecy of the verdict is one of the guarantees of the independence of the judge (judges). The secrecy of the verdict is ensured by prohibiting representatives of the parties, other participants in the proceedings, including the reserve judge and any other persons, from being present in the conference room during the sentencing by the judge(s). While in the conference room, the judge (judges) should not communicate with anyone by phone, send or receive notes, or allow the secretary of the court session or other court specialists.

During a break or rest, leaving the conference room, the judge (judges) has no right to discuss with anyone any questions about the case in which the verdict is to be passed.

Violation of the secrecy of the verdict is considered as the basis for the annulment of the court verdict. (paragraph 8 of part 3 of Article 436 of the CPC)

to the Civil Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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