Commentary to article 344. The procedure for issuing judgments in the main court proceedings The Criminal Procedure Code of the Republic of Kazakhstan
On all issues resolved by the court during the main trial, the court issues rulings, which are subject to announcement at the court session.
Decisions on termination of the case, suspension of proceedings, election, amendment or cancellation of a preventive measure, challenges, appointment of an expert examination and private decisions are made in the conference room and are presented in the form of separate documents.
Other decisions at the discretion of the court shall be made either in the manner specified in part two of this article, or on the spot – in the courtroom with the entry of the decision in the minutes of the court session.
Decisions made in the main court proceedings on the examination of evidence are not subject to appeal or protest. Disagreement with the decisions rendered during the main trial may be included in an appeal or protest.
1. On all issues resolved by the court during the main court proceedings, the court issues rulings that are subject to mandatory disclosure.
Part 2 of the article establishes a list of circumstances in which court decisions are necessarily made in a conference room and are issued in the form of an independent procedural document – a resolution.
2. In other circumstances, decisions by the court are made either according to the rules of Part 2, or on the spot – in the courtroom, with the decision recorded in the minutes.
Decisions made by the court on the examination of evidence are not subject to appeal or challenge. If you disagree with them, the reasons may be stated in an appeal or protest.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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