Comment to article 410. Presentation and collection of evidence on the initiative of the parties The Criminal Procedure Code of the Republic of Kazakhstan

The victim or another person who has filed a complaint about a criminal offense must indicate what evidence can be used in court to confirm the circumstances of the criminal offense indicated in the complaint and the guilt of the accused.

The civil plaintiff, the civil defendant, personally or through a representative, inform the judge before considering the case, by the testimony of which persons (surname, first name, patronymic (if any), place of residence), documents, and other evidence circumstances relevant to the protection of their interests may be established.

The private prosecutor, his representative, the defendant, his defense counsel and representatives have the right to present to the court before and during the consideration of the case items and documents relevant to the case, and to request their interrogation at a court hearing.

The judge must assist the parties in collecting evidence at their request and summoning the witnesses indicated by them.

In his complaint, the victim or another person must substantiate the accusation, indicate the evidence of the accusation and their sources, since according to the requirements of the Code of Criminal Procedure, the prosecutor is responsible for proving the guilt of the accused.

Prior to the consideration of the case, the civil plaintiff and the civil defendant provide the judge with information relevant to the protection of their interests in court.

The private prosecutor, his representative, the defendant, his defender and representatives have the right to hand over to the judge the items and documents they have and related to the case.

In accordance with the procedure provided for in the Code of Criminal Procedure, a judge is obliged, at the request of the parties, to assist them in collecting evidence.

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

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