Commentary to article 362. Application and resolution of petitions The Criminal Procedure Code of the Republic of Kazakhstan
The Chairman shall ask the parties whether they have any requests to summon new witnesses, experts and specialists and to request physical evidence and documents, including mediation procedures or the conclusion of a procedural agreement. The person who filed the petition is obliged to indicate which circumstances require additional evidence.
The presiding judge is also obliged to find out from the parties whether they have petitions to exclude from the proceedings materials that are inadmissible as evidence.
After listening to the opinion of the other participants in the trial, the court must consider each submitted request, including the conclusion of a procedural agreement and mediation, grant it or issue a reasoned decision to dismiss the request.
The court has no right to refuse to satisfy petitions for the conclusion of a procedural agreement or an agreement to achieve reconciliation through mediation, as well as to question persons in court as specialists or witnesses who appeared in court on the initiative of the parties.
The person to whom the court has refused to satisfy the petition has the right to file it in the future.
1. Before the start of the judicial investigation, the presiding judge of the participants in the process the presence of petitions is being investigated:
- the summoning of new witnesses, experts and specialists;
- the demand for physical evidence and documents;
- about the mediation procedure
- conclusion of a procedural agreement
- on the exclusion from the proceedings of materials that are inadmissible as evidence.
2. These actions are aimed at clarifying the list of persons to be subpoenaed, supplementing them with other persons whose testimony is necessary to fully establish the circumstances of the crime committed, resolve the issue of requesting material evidence, and establish and exclude inadmissible evidence. Clarifying these issues provides an opportunity for the court to determine the range of evidence that will be examined in court.
3. The discussion of petitions for mediation or the conclusion of a procedural agreement before the judicial investigation makes it possible to determine the positions of the participants in the process, which affects the further procedure of the trial. Petitions for the conclusion of a procedural agreement or an agreement to achieve reconciliation through mediation are subject to mandatory satisfaction.
If a witness called by the participants in the trial has appeared in court for questioning, then the request for questioning of such a witness cannot be refused.
4. The court shall issue a resolution on the resolution of petitions, which, at the discretion of the court, shall be issued either on the spot – in the courtroom with entry in the minutes of the court session, or in the conference room.
Only petitions of the parties for the termination of the case, suspension of proceedings, election, amendment or cancellation of a preventive measure, challenges, appointment of an expert examination and private decisions are resolved in the conference room with the issuance of separate decisions.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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