Commentary to article 358. Explanation of the defendant's rights The Criminal Procedure Code of the Republic of Kazakhstan

The presiding judge explains to the defendant his rights in the main court proceedings provided for in Article 65 of this Code, as well as the right to conclude a procedural agreement and reconciliation with the victim in cases provided for by law, including through mediation.

1. Performing duties to ensure the conditions for the exercise of rights by the participants in the process, the presiding judge explains to the defendant his rights provided for in Article 65 of the Criminal Code, which he is endowed with at the stage of the trial, finds out whether he understands the rights. The defendant has the right to: to participate in the trial of the case in the court of first and appellate instance, to enjoy all the rights of the defense party, as well as the right to the last word, at any stage of the trial to file a petition or express consent to conclude a procedural cooperation agreement and conclude a procedural agreement, to withdraw from the concluded procedural agreement until the court is removed to the conference room for decision-making decisions, demand a public trial, object to the termination of the case.

2. When explaining the rights of the defendant to conclude a procedural agreement, reconciliation with the victim in cases provided for by law, including mediation, the presiding judge shall inform about the grounds provided for by law for concluding a procedural agreement, reconciliation of the parties, and the consequences of these actions.

3. The presiding judge is also obliged to explain the court's right to consider the case in the absence of the defendant, in cases of his being outside the Republic of Kazakhstan, or evading appearance in court, if the defendant in custody refuses to appear and attend the court session.

It is explained to the defendant, who has been tried for committing a criminal offense or a crime of minor and moderate gravity, that he has the right to apply to the court for consideration of the case in his absence.

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

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