Commentary to article 359. Explanation of their rights to the victim, the private prosecutor, the civil plaintiff and the civil defendant The Criminal Procedure Code of the Republic of Kazakhstan
The presiding judge explains to the victim, the private prosecutor, the civil plaintiff, the civil defendant and their representatives their rights in the main court proceedings provided for in Articles 71, 72, 73, 74, 76 and 77 of this Code. In cases of private prosecution, as well as in cases of criminal offenses and minor and moderate crimes committed for the first time, as well as in cases provided for in part two of Article 68 of the Criminal Code of the Republic of Kazakhstan, the victim's right to reconciliation with the defendant is explained, including through mediation.
1. The presiding judge shall separately explain to the victim, the private prosecutor, the civil plaintiff, the civil defendant and their representatives their rights provided for in Articles 71, 72, 73, 74, 76 and 77 of this Code. When explaining the rights, it is necessary to take into account the procedural situation of each of the participants.
2. It is necessary to explain to the victim his right to know about the intention of the parties to conclude a procedural agreement, about its terms and consequences, to propose his conditions for compensation for damage caused by the crime, or to object to its conclusion. In addition, the victim, and in the event of his death, his legal successor, is given the right to receive monetary compensation from budgetary funds for property damage caused by a particularly serious crime, if the convicted person does not have property sufficient to compensate for the damage caused by this crime. In this case, the victim or his legal successor has the right to apply to the court for payment of monetary compensation at the expense of budgetary funds. If the damage does not exceed one hundred and fifty monthly calculation indices, the damage is fully compensated to the victim.
The Law provides for the right of the victim and the civil plaintiff to receive State monetary compensation from the Compensation Fund for Victims of Criminal Offenses. The victim who has filed a civil claim simultaneously occupies the procedural position of a civil plaintiff. In this case, the victim also has the rights of a civil plaintiff.
3. A private prosecutor shall enjoy all the rights and bear all the duties of a victim, as well as be endowed with the rights provided for in parts three and five of Article 411 of this Code, which are explained by the court.
4. A natural or legal person who is sued in a criminal case is recognized as a civil defendant. Upon presentation of a civil claim to the defendant, he is simultaneously recognized as a civil defendant with the appropriate rights and obligations.
5. Minor victims and victims who do not speak the language of legal proceedings or who, due to their physical or mental condition, are unable to independently defend their rights and legitimate interests, have the right to have legal representatives and a lawyer.
Payment for the lawyer's work in the absence of funds from the victim or his legal representative is made at the expense of budgetary funds.
The personal participation of the victim, the civil plaintiff and the private prosecutor in the process does not deprive them of the right to have a representative in this case.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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