Commentary to article 368. Disclosure of the defendant's testimony The Criminal Procedure Code of the Republic of Kazakhstan

The disclosure of the testimony of the defendant given during the pre-trial preparation of the case, as well as the reproduction of audio, video, or film recordings of his testimony attached to the interrogation protocol, is permitted.:

1) if the defendant refuses to testify in court;

2) if the case is being considered in the absence of the defendant;

3) if there are significant contradictions between the testimony given in court proceedings and during the pre-trial investigation.

Audio, video, and film recordings may not be reproduced without first reading out the testimony contained in the relevant interrogation protocol or the court session protocol.

The commented article provides an exhaustive list of grounds for the disclosure of testimony previously given by the defendant during the judicial investigation.

Following the announcement of the previously given testimony, the presiding judge must ask the defendant the question: what explains the contradictions in his testimony? From the explanations of the defendant on each point of significant contradictions, it must be established which part of his testimony he considers correct. All the answers of the defendant are recorded in the minutes of the court session.

The need to announce the testimony of the defendant, given by him earlier or in previous court sessions, also arises in the following cases::

1) cancellation of the verdict by a higher court;

2) cancellation of the decision to terminate the case by a higher court;

3) the resumption of proceedings in a case that has been suspended;

4) postponement of consideration of the case;

5) a new review in connection with the departure of the chairman;

6) when materials are allocated to special proceedings during the trial.

The death of the defendant is also the basis for the announcement of his testimony given during the pre-trial preparation of the case or at a previous court hearing, but only when the case is being considered for the rehabilitation of the deceased or is resumed due to newly discovered circumstances.

Both full and partial disclosure of testimony is allowed, depending on the specific circumstances of the case and the grounds for the announcement. The testimony is fully disclosed when the defendant refuses to testify in court or when the case is being considered in his absence.

The decision on the disclosure of testimony is made by the court on its own initiative or at the request of the participants in the trial. The decision to announce the testimony of the defendant is made in the form of a resolution and can be made without removal or with removal to a conference room and must be motivated.

The testimony of the defendant, previously given and deemed inadmissible evidence, may not be disclosed during the judicial investigation.

The audio and video recordings must be preceded by the announcement of the relevant protocol of the defendant's interrogation or the minutes of the court session.

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

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