Commentary to article 347. Protocol of the main trial The Criminal Procedure Code of the Republic of Kazakhstan

During the main court proceedings, the minutes of the court session are kept by the secretary.

The protocol is produced by computer, electronic (including audio, video recording), typewritten or handwritten methods.

Additional materials for recording the court session are also attached to the minutes of the court session and stored together with the case file.

In such cases, a brief part of the protocol is drawn up in writing, indicating the composition of the court and the use of the specified scientific and technical means of the entire trial.

In the protocol made on paper, if audio or video recordings of the trial were not used, the following shall be indicated: the date and date of the main trial, the time of its beginning and end; which case is being considered; the name and composition of the court, the secretary, the translator, the prosecutor, the defender, the defendant, as well as the victim, the civil plaintiff, the civil defendant and their representatives, other persons summoned by the court; information about the defendant's identity and the measure of restraint; court actions in the order in which they took place; statements, objections and petitions of the persons participating in the case; court rulings issued without removal to the conference room; instructions for making rulings in the conference room; clarification of the rights and obligations of the persons involved in the case; detailed content of the testimony; questions from the persons involved in the interrogation that were withdrawn by the court or that the interrogated refused to answer; questions asked to the expert and his answers; the results of the during the court session, inspections and other actions to examine evidence; the results of the examination of allegations of torture, violence, or other cruel or degrading treatment and the process of their investigation; indications of the facts that the persons involved in the case requested to be confirmed in the protocol; the main content of the speeches of the parties in the court debate and the last word of the defendant; an indication of the announcement of the verdict and an explanation of the procedure and time limit for its appeal. The testimony is recorded in the first person and, if possible, verbatim, the questions and answers are recorded in the sequence that took place during the interrogation. In addition, the protocol also indicates facts indicating contempt of court, if any, and the identity of the violator and the measures of influence taken by the court against the violator.

The protocol must be prepared and signed by the chairman and the secretary no later than five days, and in multi-episode cases and cases considered with the participation of jurors, within ten days after the end of the court session. The protocol during the trial may be made in parts, which, like the protocol as a whole, are signed by the presiding judge and the secretary of the court session. At the request of the parties, the prepared part of the protocol is issued as soon as it is ready.

If there is disagreement about the correctness of the recording in the protocol of the trial, made on paper, between the presiding judge and the secretary of the court session, the latter has the right to attach his objections to the protocol in writing, together with notes made during the court session, including audio and video recordings of the court session.

The presiding judge is obliged to notify the parties about the preparation of the protocol of the main trial and provide them with the opportunity to familiarize themselves with it and the audio and video recording materials.

A person questioned in the main court proceedings has the right to request to become familiar with the recording in the protocol and the materials of the audio and video recordings of his testimony. Such an opportunity must be provided no later than the next day after the application is submitted.

At the request of the parties or persons specified in paragraph seven of this article, the court is obliged to submit the protocol in the form of an electronic document certified by the electronic digital signature of the presiding judge and the secretary of the court session.

The article regulates the procedure for keeping the minutes of the main trial and its content. A note on the use of scientific and technical means at a court hearing must be made in a short protocol prepared in writing, along with an indication of the composition of the court.

A five-day deadline has been set for the preparation and signing of the protocol, and in multi-episode cases, the protocol must be prepared within ten days.

The Chairman is obliged to notify the parties of the readiness of the protocol and provide them with the opportunity to familiarize themselves with it with the available audio and video recording materials. If necessary, the parties are provided with a protocol in the form of an electronic document, certified by the electronic signature of the chairman and the secretary.

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

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