Comment to article 642. Resolution of issues on disqualification of candidates for jurors The Criminal Procedure Code of the Republic of Kazakhstan

Each candidate for a jury must be challenged by the prosecutor, the victim, the civil plaintiff, the civil defendant and their representatives, the defendant and his defense counsel in cases where:

1) a candidate for a jury is a victim, a civil plaintiff, a civil defendant in this case, has been called or may be called as a witness.;

2) the candidate for juror participated in the proceedings in this criminal case as an expert, specialist, translator, interpreter, court session secretary, inquirer, investigator, prosecutor, defender, legal representative of the suspect, accused, representative of the victim, civil plaintiff or civil defendant;

3) a candidate for juror is a relative or relative (brother, sister, parent and child of the spouses) of the victim, the civil plaintiff, the civil defendant or their representatives, the accused, the defendant or his legal representative, the prosecutor, the defender, the investigator or the inquirer;

4) there are other circumstances that give reason to believe that the candidate for the jury is personally, directly or indirectly interested in this case.

After hearing the opinion of the parties, the presiding judge decides whether to grant the self-recusal of the candidate for juror or to refuse to do so.

One of the indispensable conditions for the effective solution of the tasks facing criminal proceedings is the objectivity and impartiality of those participants who are authorized to make generally binding decisions within the framework of the process or on whom the adoption of certain decisions or their verification significantly depends. Such subjects include a judge, a juror.

In order to exclude the manifestation of a subjective, biased approach to resolving the case, the legislator lists in this article the circumstances that may indicate the existence of grounds for the impossibility of a juror's participation in the proceedings. At the same time, it is not necessary to establish any evidence indicating a real manifestation of the candidate's interest in the outcome of the case or his intention to resolve the case objectively, it is enough that there is reason to believe that his bias may be possible.

The recusal of a candidate for a jury is declared by the parties before the end of the formation of the panel of jurors on the grounds provided for in Article 87 of the Criminal Procedure Code of the Republic of Kazakhstan. If the grounds provided for in this article become known to the parties after the formation of the panel of jurors (after taking the oath of office by the jurors), then the party has the right to challenge before the jurors are removed to the conference room to make a final decision. Such challenges are resolved by a judge in accordance with Part 2 of Article 344 of the Criminal Procedure Code of the Republic of Kazakhstan in a conference room.

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

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