Commentary to article 378. Inspection of the area and premises The Criminal Procedure Code of the Republic of Kazakhstan

An inspection of the area and premises is carried out by the court with the participation of the parties, and if necessary, witnesses, an expert, and a specialist.

Upon arrival at the place of inspection, the presiding judge announces the continuation of the court session and the court begins the inspection. In this case, the defendant, the victim, the witnesses, the expert and the specialist may be asked questions in connection with the examination.

1. An inspection of the area and premises may be carried out at any time during the judicial investigation, either at the request of the parties, other participants in the judicial proceedings, or at the initiative of the court. The court sets out the decision on the inspection in the resolution, and if the request is refused, the court is obliged to make a reasoned decision.

The need for an inspection is the incompleteness, poor quality of the inspection during pre-trial proceedings; the need to clarify data obtained earlier during pre-trial proceedings or otherwise, violation of the requirements of the criminal procedure law during pre-trial proceedings, verification of new circumstances that can only be verified by examining the area and premises.

At the place of inspection, the presiding judge declares the court session continued, and also announces the composition of the persons participating in the inspection, its place, day and hour of the beginning of the inspection.

The examination may be recorded by scientific and technical means, which is recorded in the minutes of the court session.

All actions of the court and the participants in the process during the inspection are recorded in 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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