Commentary to article 352. Explanation of the translator's rights and obligations The Criminal Procedure Code of the Republic of Kazakhstan

If an interpreter is invited to participate in a court session, the presiding judge shall inform who participates as an interpreter and explain to him his rights and duties provided for in Article 81 of this Code.

The translator is warned by the presiding judge about criminal liability for deliberately incorrect translation, and a subscription is withdrawn from him, which is attached to the minutes of the court session. The translator is also warned that in case of evasion from performing his duties, a monetary penalty may be imposed on him in accordance with the procedure established by Article 160 of this Code.

1. The court, having studied the case materials and determined the language of the proceedings, decides whether to call an interpreter to provide the persons participating in the criminal proceedings with a free translation into the language of the proceedings of that part of the court proceedings that takes place in another language.

Persons participating in the case who do not speak or do not speak the language of legal proceedings have the right to testify in court in the language they speak.  

2. A certified copy of the translation of the procedural documents of the court to be served to the participants in the proceedings must be served together with the document in the language of the proceedings.

3. The court shall inform the participants in the proceedings of the interpreter's participation in the trial, verify the identity of the interpreter, and explain to him the rights and duties provided for in Article 81 of this Code.

A person who is not interested in the case is allowed to act as an interpreter. In criminal cases where it is necessary to carry out procedural actions involving deaf, hard-of-hearing, mute people, sign language interpreters who understand the signs of a mute or deaf person, the so-called "sign language", are involved.  

4. In order to clarify the translation performed by the translator and sign language interpreter, they may ask questions, get acquainted with the minutes of the court session in the relevant part, and make their comments.

An interpreter or sign language interpreter is obliged to refuse to participate in court if his knowledge is insufficient to translate in court, receive payment for the translation performed if these actions do not relate to his official duties, and is also entitled to reimburse the costs associated with his participation in court, and petition the court for security measures.

The translator is obliged to appear in court on summons, carry out proper translation, certify with his signature the correctness of the translation of procedural documents, not disclose information that has become known to him in connection with the performance of the translator's function, and observe order during the court session.

The translator is warned by the court about criminal liability for deliberately incorrect translation, about which he gives a subscription to the court, attached to the protocol of the trial.

The translator is also warned about his responsibility in the form of a monetary penalty for refusing or evading to appear or from performing his duties without valid reasons.

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