Comment to article 655. The secrecy of the jury meeting The Criminal Procedure Code of the Republic of Kazakhstan

After the end of the debate and the formulation of questions, the judge and the main jurors retire to the deliberation room for sentencing.

Other than the judge and the jurors, the presence of other persons in the conference room is not allowed. The chairman has the right to declare a break for the jurors to rest after leaving the conference room, as well as at the end of working hours before the start of the next day. It is not allowed to take breaks due to weekends and holidays.

After the end of the debate and the formulation in writing of the issues to be resolved by the judge and the jury in the deliberation room, the judge and the main jurors are removed to the deliberation room for sentencing.

In order not to violate the secrecy of the conference room, other than the presiding judge and the jurors, the presence of other persons in the conference room is not allowed. The presiding judge has the right to declare a break for the jurors to rest after leaving the conference room, as well as at the end of working hours before the start of the next day. It is not allowed to take breaks due to weekends and holidays.

3. In the deliberation room, the presiding judge explains to the jurors the voting procedure in the deliberation room and the essence of the issues raised in the questionnaire.

The jurors' written notes, which they kept during the trial, can be used by them in the conference room to prepare answers to the questions put to the jurors.

4. During the break or after the end of the meeting, the jurors have no right to disclose to anyone their opinions that took place in the conference room. The legality and validity of the jury's verdict depends on the secrecy of the jury's meeting. In addition, jurors are prohibited from contacting the prosecutor, the victim, the defense attorney, as well as other participants in the process during a meeting in the conference room or a rest break after leaving the conference room.

5. Violation of the secrecy of the deliberation room by jurors when passing a verdict entails the unconditional cancellation of such a verdict, since one of the grounds for the cancellation of court decisions rendered with the participation of jurors is a significant violation of the criminal procedure law.

6.According to paragraph 21 of Regulatory Decree No. 4 of August 23, 2012 "On the application by courts of legislation Regulating criminal proceedings involving jurors", if the inability of any of the jurors to participate in the court session is revealed in the conference room, the judge and the jurors must leave the conference room and enter the courtroom. meetings. In this case, the judge replaces this juror with a substitute juror in the order in which the tickets with the names of the substitute jurors were removed from the urn, after which he is removed to the conference room. If the possibilities of replacing retired jurors with replacement jurors are exhausted, the judge declares the trial invalid and returns the trial to the stage of preliminary random sampling of candidates for jurors.

7. Legislation provides for the exit of a court with the participation of jurors from the conference room, not only for a break, but also for the replacement of a juror with a substitute, if the impossibility of participation in the court session of any of the jurors is revealed in the conference room. However, if replacement of a juror is not possible, the judge returns the trial to the stage of preliminary random sampling of candidates for jurors.

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases