Commentary to article 214. The specifics of the interrogation of the witness and the victim The Criminal Procedure Code of the Republic of Kazakhstan
Before the interrogation, the person conducting the pre-trial investigation clarifies the attitude of the witness, the victim to the suspect, explains to them the procedural rights and obligations, warns them of criminal liability for refusing to testify. At the same time, the person conducting the pre-trial investigation is obliged to clarify that the witness, the victim has the right to refuse to give evidence incriminating himself, his spouse, or close relatives in committing a criminal offense, and the clergyman also has the right not to testify against those who confided in him in confession. A witness or victim who has not exercised this right is warned of criminal liability for knowingly giving false testimony.
If the witness appeared for questioning with a lawyer invited by him to provide legal assistance, then the lawyer is present during the interrogation. At the end of the interrogation, the lawyer has the right to make comments and submit petitions on the merits of the interrogation, which must be recorded in the interrogation protocol.
Otherwise, the interrogation of the witness and the victim is carried out according to the rules of Article 210 of this Code.
The interrogation of the witness and the victim is carried out according to the general rules of art. 210 of the CPC, with the exception of the specifics provided for in the commented article.
Before questioning a witness, the person conducting the pre-trial investigation must find out whether he is one of the persons prohibited from questioning by Part 2 of Article 78 of the CPC. In order to ensure the reliability of the testimony of a witness or victim, before interrogation, the investigator is obliged to explain to them the rights and obligations provided for, respectively, in parts 3 and 4 of art. 78, parts 6, 8 of Art.71 of the CPC, to warn of criminal liability for refusal or evasion of testimony, giving deliberately false testimony, as well as for failure to appear. without valid reasons, at the summons of the body conducting the criminal process (part 8 of art. 78 h. 9 and 10, Articles 71 of the CPC).
Before questioning the legal successor of the victim, the rights and obligations provided for in parts 7 and 11 of art. 71 of the CPC must be explained to him.
The witness's attitude should be clarified not only towards the suspect, but also towards the victim.
The witness's lawyer, in comparison with the defender and the victim's representative, has the right only to be present during the interrogation, which excludes the possibility for the lawyer to ask questions to the interrogated. Since the lawyer is invited by the witness to provide him with legal assistance, by virtue of Article 27 of the CPC, he has the right, during the interrogation, to require the person conducting the interrogation to provide him with such an opportunity in the form of giving legal advice and consultations.
The interrogation of the witness and the victim, with the exception of the specifics provided for in parts one and two of the commented article, is carried out in accordance with the general rules of interrogation (art. 210 CPC).
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Source: The PARAGRAPH Information System Document: Commentary to Chapter 26 of the Criminal Procedure Code of the Republic of Kazakhstan "Interrogation and confrontation" (Suleimenova G.Zh. professor, member of the Almaty City Bar Association)
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