Commentary to article 371. Peculiarities of interrogation of a minor victim, witness The Criminal Procedure Code of the Republic of Kazakhstan
During the interrogation of a minor witness or victim, his legal representatives and a teacher are present. These persons may, with the permission of the presiding judge, ask questions to the victim and the witness.
Before questioning a victim, a witness who has not reached the age of sixteen, the presiding judge explains to him the importance of truthful and complete testimony for the case. These persons are not warned about their responsibility for refusing to testify and for giving deliberately false testimony, and their subscription is not taken away from them.
At the request of the parties or on the initiative of the court, the interrogation of the minor victim and witness may be conducted in the absence of the defendant, on which the court issues a resolution. After the defendant returns to the courtroom, the testimony of the minor victim or witness is read out to him, and the opportunity is given to ask the victim or witness questions and give his testimony in connection with their testimony.
The victim and the witness, who have not reached the age of eighteen, are removed from the courtroom at the end of their interrogation, except in cases when the court deems their continued presence necessary.
Minor victims and witnesses may not be summoned to a court session or questioned if their testimony has been deposited by the investigating judge during the pre-trial proceedings.
The general rules for the interrogation of a minor victim or witness are similar to those provided for in Article 215 of the CPC. In order to create a favorable environment for the interrogation of a minor, a teacher is called to the court session, preferably one whom the victim or witness knows. The teacher should not be interested in the case. For the same purpose, their parents or legal representatives are called to participate in the interrogation of a minor victim or witness. Parents, legal representatives, and the teacher have the right to ask questions.
At the end of the interrogation, the victim and the witness, who have not reached the age of eighteen, are removed from the courtroom, except in cases when the court recognizes the need for their continued presence. This requirement is justified by moral and ethical considerations and is aimed at preventing trauma to the minor's psyche.
If the testimony of a minor victim and a witness during the pre-trial proceedings is recorded (deposited) by the investigating judge, they will not be summoned to the court session and will not be questioned.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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