Commentary to article 366. Procedure for the presentation and examination of evidence The Criminal Procedure Code of the Republic of Kazakhstan
The judicial investigation examines the evidence presented by the prosecution and defense parties.
The prosecution is the first to present evidence. The procedure for examining evidence is determined by the court in agreement with the parties. The court issues a ruling on the establishment or modification of the procedure for examining evidence.
The defendant, with the permission of the presiding judge, has the right to testify at any time during the judicial investigation.
The summoning and interrogation in court of a witness and a victim shall not be conducted in cases where their testimony has been deposited by an investigating judge in accordance with the procedure provided for in Article 217 of this Code. Witnesses are not called or questioned during the shortened trial.
In accordance with the principle of adversarial proceedings, the court determines the procedure for examining evidence in agreement with the parties, taking into account that the prosecution is the first to present evidence, and then the defense of the defendant.
The CPC grants the defendant the right to testify at any time during the judicial investigation. Such an opportunity is an essential element of the realization of the defendant's right to defense.
In two cases, victims and witnesses are not called to court. In the first case, when their testimony is recorded in the minutes of the court session (deposited), conducted by the investigating judge, who is attached to the case file. In the second case, when the trial is conducted in an abbreviated manner.
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
