Comment to article 644. Formation of a panel of jurors by drawing lots The Criminal Procedure Code of the Republic of Kazakhstan
The panel of jurors considering the case in court is formed by drawing lots consisting of ten jurors of the main composition (forming the panel of jurors) and two alternates.
To form a panel of jurors, the presiding judge puts tickets into the ballot box with the names of the undated candidates for jurors, mixes them up and takes out twelve tickets one at a time, announcing each time the name of the candidate for jurors indicated on the ticket. If no violations have been committed that affected the correctness of the formation of the jury panel, then the formation of the jury panel is recognized as having taken place. In this case, the first ten jurors selected by drawing lots are considered to be jurors of the main body, and the last two are reserve jurors.
In the event that any violations were committed during the decision on challenges or during the formation of the jury panel that affected the correctness of its formation, as well as in the event that one or more jurors were denied access to state secrets, the presiding judge declares the formation of the jury panel invalid or invalid and selects candidates for the jury. The assessors have been re-appointed in full.
The names of the twelve jurors selected by drawing lots shall be entered by the secretary of the court session in the minutes of the court session in the order in which the tickets were taken out of the ballot box. Tickets with the names of the jurors selected by drawing lots and the serial number under which they are listed are attached to the case file.
1. After the procedure of unmotivated challenges, the number of jurors is 12, from which a panel of jurors is formed to determine the main composition of ten people and 2 alternates by drawing lots. To do this, in accordance with Article 644 of the CPC, the presiding judge puts 12 tickets into the ballot box with the names of the undisclosed candidates for jurors, mixes them up and takes out all twelve tickets one at a time, announcing each time the name of the candidate for jurors indicated on the ticket. The first ten jurors selected by drawing lots are considered jurors of the main jury, and the last two are reserve jurors. Moreover, each juror of the main jury and two alternates are listed under the corresponding number assigned to them automatically in the order of extraction of tickets with their surnames from the ballot box during the drawing, i.e. the juror, the ballot with whose surname was extracted from the ballot box first, is listed in the main composition under number 1, etc. in the order up to the tenth number. The first alternate juror is the one with whose name the ballot was taken out of the ballot box first, and the next alternate juror is listed under No. 2. Upon the departure of a juror from the main body, he is replaced by a substitute under No. 1, and the next replacement is made by a substitute juror under No. 2.
The names of the twelve jurors selected by drawing lots shall be entered by the secretary of the court session in the minutes of the court session in the order in which the tickets were taken out of the ballot box. Tickets with the names of the jurors selected by drawing lots are attached to the case file.
2. If no violations have been committed that have affected the correctness of the formation of the panel of jurors, the formation of the panel of jurors shall be deemed to have taken place. Conversely, in cases where, when deciding on challenges or when forming a panel of jurors, any violations were committed that affected the correctness of its formation, the presiding judge declares the formation of the panel of jurors invalid or invalid and selects candidates for jurors anew in full. The presiding judge also acts in cases where one or more jurors are denied access to state secrets contained in a criminal case.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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