Comment to article 624. Persons participating in the court session during the consideration of the case in the conciliation proceedings The Criminal Procedure Code of the Republic of Kazakhstan
The prosecutor, the defendant and his defense counsel participate in the court session during the conciliation proceedings. The victim, the civil plaintiff and their representatives are not called to the court session.
If necessary, the court may arrange for their participation in court proceedings in conciliation proceedings, including through scientific and technical means of communication.
When appointing the trial of a case in conciliation proceedings, the judge shall take into account the provisions of this article, notify the prosecutor, the defendant and his defense counsel of the time and place of the court session and ensure their attendance. The trial is postponed if any of the mentioned participants in the process does not appear. However, the reason for the non-appearance does not matter. The judge sets a new date and time for the consideration of the case and notifies the indicated persons of their appearance at the court session by the specified time.
It is noteworthy that other participants in the process, including the victim, the civil plaintiff and their representatives, are not called to the court session, despite the fact that the procedural agreement stipulates the size of the civil claim. This is explained by the fact that before concluding a procedural agreement, the victim finds out his opinion about the possibility of concluding it. If the victim does not agree, the procedural agreement is not concluded. If the victim agrees, then his presence in the trial is usually not required.
At the same time, the law reserved for the court the right to ensure the participation of the victim, the civil plaintiff and their representatives in the court session, if necessary, including through scientific and technical means of communication.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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