Commentary to article 357. The procedure for resolving challenges The Criminal Procedure Code of the Republic of Kazakhstan

The presiding judge explains to the parties their right to challenge the composition of the court, as well as the persons specified in Article 356 of this Code, on the grounds provided for in Articles 87, 88, 89, 90, 91, 92 and 93 of this Code. These rules also apply to the reserve referee.

The court resolves the declared challenges according to the rules established by Articles 86 and 87 of this Code.

1. The chairman, having explained to the participants of the process the grounds for recusal provided for in articles 87, 88, 89, 90, 91, 92 93 of this Code, finds out the opinion of the defense and the prosecution on whether they have challenges to the composition of the court, the public prosecutor, the defender, the victim, the civil plaintiff, the civil defendant, their representatives, to the secretary of the court session, to the bailiff, to the expert, to the specialist. A challenge may be filed at any stage of the criminal process with a statement of reasons, and, if necessary, materials may be submitted to substantiate the challenge.

2. A motion for recusal is considered by the court in a conference room with a ruling. During the collegial consideration of the case, the challenge filed by one of the judges is resolved by the other judges in the absence of the challenged one.  A challenge filed against several judges or the entire composition of the court is resolved by the full court by a majority vote. If the votes are equal, the judge is considered withdrawn.

The law does not provide for the appeal and protest of the decision on the resolution of applications for challenge. Arguments about disagreement with the decision may be included in appeals, cassation or supervisory appeals.

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

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