Commentary to article 57. The chairman of the case The Criminal Procedure Code of the Republic of Kazakhstan
1 When considering a criminal case, the chairman of the court, the Chairman of the board of the court, or one of the judges authorized to do so in accordance with the procedure provided for by law, shall preside over the collegium of judges.
2 The judge considering the case alone is considered to be the chairman.
3 The presiding judge shall direct the course of the court session, take all measures to ensure a fair hearing of the criminal case and compliance with other requirements of this Code, as well as the proper conduct of all persons present at the court session.
4 The orders of the chairman of the court session are obligatory for all participants of the process and other persons present in the courtroom.
The person presiding over the case directs the court session, takes measures in the interests of justice to ensure equality of rights of the parties, while maintaining objectivity and impartiality, and creates the necessary conditions for an objective and complete investigation of the circumstances of the case. The norm of part 1 of the commented article on the presiding judge in a case means that this is not the same as the chairman of a court or judicial board, since the latter, along with exercising the functions of a judge in a case in accordance with the procedure provided for in this Code, also perform a significant amount of non-procedural administrative activities in the relevant court. For example, the chairman of the judicial board of a regional court is a judge and, along with performing the duties of a judge, decides on the organization of legal proceedings in the judicial board, organizes work on the study and generalization of judicial practice, provides information to the plenary session of the court on the activities of the judicial board, and more.
The procedural status of the person presiding over the case, who is actually the head of the court session, has been elevated to the rank of one of the general conditions of the main trial (Article 334 of the CPC), which is mandatory for all judges of the court in a particular case or a judge who considers the case alone and acts in this capacity by virtue of the provisions of this Code. Among others, the functions of the presiding judge in the main court proceedings include observing his schedule, ensuring order in the courtroom and the quality of the minutes of the court session (Articles 345-347 of the CPC).
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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