Commentary to article 383. The content and procedure of court arguments The Criminal Procedure Code of the Republic of Kazakhstan

After the end of the judicial investigation, the presiding judge announces that the court is proceeding to judicial debate and explains to the participants in the judicial debate that they do not have the right to refer in their speeches to materials that were not examined at the court session. If it is necessary to present new evidence to the court, they may request the resumption of the judicial investigation.

At the request of a participant in the court debate, he is given time to prepare for the court debate, for which the presiding judge announces a break in the court session indicating its duration.

Judicial debates consist of speeches by the prosecutor, the victim or his representative, the civil plaintiff and the civil defendant or their representatives, the defendant and the defense attorney. In the case of a shortened judicial investigation in cases with a procedural agreement or an agreement to achieve reconciliation through mediation, judicial debates are not held. The sequence of speeches of the participants in the trial is determined by the court according to their proposals, but in all cases the prosecutor speaks first.

If the public prosecution is supported by several public prosecutors, several victims, defenders, civil defendants and their representatives, civil plaintiffs and their representatives, and defendants participate in the case, the presiding judge provides them with time to coordinate the order of their statements. If necessary, a break in the court session may be announced for this purpose. If these persons do not agree on the order of their statements in the debate, the court, after hearing their opinions, decides on the order of their statements.

The court may not limit the duration of the judicial debate to a certain time, but the presiding judge has the right to stop the persons participating in the debate if they relate to circumstances unrelated to the case under consideration, or are based on evidence not examined at the court session.

After speeches have been delivered by all participants in the judicial debate, each of them has the right to make brief objections or remarks (remarks) about what was said in the speeches of the representatives of the parties. The right of final comment in all cases belongs to the defendant and his defense counsel.

Each participant in the judicial debate may submit to the court in writing the wording of the decision proposed by him on the issues specified in paragraphs 1) – 6) of the first part of Article 390 of this Code. The proposed wording is not binding on the court.

1. The article regulates in detail the procedure and content of the judicial debates of the parties.

The order of speech in the debate is determined by the court, taking into account the opinion of the participants in the process on the sequence of speeches, in particular, it is necessary when several prosecutors, victims, defendants, defenders, representatives participate in the case. However, in any case, the public prosecutor comes first.

2. In the debate, the parties have no right to refer to evidence that was not the subject of research in the main trial, but if necessary, to present new evidence, the participants in the process have the right to petition the court for the resumption of the judicial investigation.

3. The court has no right to limit the speech of the parties in the debate by time, but it has the right to stop them if they cite circumstances that are not relevant to the case, or cite evidence that the court has not examined.

4. After the speeches, the parties have the right to speak once more about what was said in the speeches of the parties. The right to make the last comment always belongs to the defense.

5. Each participant in the judicial debate may submit to the court in writing the proposed wording for resolving the following issues: has it been proven that the act of which the defendant is accused has taken place; is this act a criminal offense, and what kind of criminal law it is provided for (article, part, paragraph); has it been proven that the defendant committed this act; whether the defendant is guilty of committing this criminal offense; whether there are circumstances mitigating or aggravating his responsibility and punishment; is the defendant subject to punishment for the criminal offense he committed?

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

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