Commentary to article 329. Handing over copies of documents The Criminal Procedure Code of the Republic of Kazakhstan

If, when deciding on the appointment of a court session, the preventive measure is changed or the list of persons to be summoned to court is changed, or the prosecutor changes the charge, then the defendant, his defense attorney, the victim and his representative are given a copy of the judge's decision on these decisions and a new wording of the charge drawn up by the prosecutor.

1. The legislator has identified court decisions on the following three issues, which are resolved at the stage of the appointment of the court session, a copy of the decision on which is handed to the defendant, his lawyer, the victim and his representative:

- about changing the preventive measure

- about changing the list of persons to be called.,

- about the prosecutor's change of charges

2. If there are grounds provided for in Article 153 of the CPC, the court, at the request of the parties or on its own initiative, has the right to change the chosen measure of restraint to another type, which is notified to the defendant, his defense attorney, the victim and his representative, who are given a copy of the decision.

After the case is submitted to the court, if there are grounds for including additional persons in the list of persons to be subpoenaed, or for excluding from this list persons who, by the time the case is submitted to the court, have circumstances precluding their appearance, the court has the right to amend the list. The court's actions to change the list should be reflected in the decision.

3. The prosecutor, guided by the requirements of the law, may change the charge. In this case, the prosecutor is obliged to submit to the court a new wording of the charge in writing, which is attached to the case file and handed to the defendant, his defense attorney, the victim and his representative.

The delivery of a copy of the resolution and the new wording of the prosecutor is carried out by transferring the specified documents to them against signature, or by sending them by mail and other types 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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