Commentary to article 637. Features of decisions made in the order of preliminary hearing when appointing a court session with the participation of jurors The Criminal Procedure Code of the Republic of Kazakhstan
Based on the results of the preliminary hearing, the judge makes one of the decisions provided for in Articles 322-327 of this Code.
If the defendant has filed a motion to consider the case with the participation of jurors or confirmed the previously filed motion in the decision on the appointment of a court session, the judge indicates that the case will be considered by a court with the participation of jurors, and determines the number of candidates for jurors to be called to this court session, the number of which must be at least twenty-five.
Based on the results of the preliminary hearing, the judge, in accordance with Article 112 of this Code, excludes from the case file factual data deemed inadmissible as evidence.
1. Decisions made by way of a preliminary hearing when appointing a court session with the participation of jurors are similar to decisions when appointing the main trial in a case that is supposed to be considered in the usual manner without jurors. These may include decisions to suspend the proceedings (Article 324 of the CPC), to refer the criminal case to the jurisdiction (Article 326 of the CPC), and to terminate the criminal case (Article 327 of the CPC).
2. At the stage of the preliminary hearing, petitions for the inadmissibility of the case materials as evidence may be considered. The issue of the need to exclude inadmissible evidence from the criminal case based on the results of the preliminary hearing of the case is caused by the need to exclude from the case any external factors that may affect the objectivity and impartiality of the jury. Therefore, this procedure is conducted by a judge with the participation of the parties, but in the absence of jurors. Such a court decision is binding on the parties when considering a case with the participation of jurors, they are not allowed not only to refer to the case materials excluded from the list of admissible evidence, but they are not even allowed to mention them in the presence of the jury.
In part 3 of Article 637 of the CPC, it is stated that factual data deemed inadmissible as evidence is excluded by the court from their study.
Unjustified exclusion from the proceedings of admissible evidence that may be essential to the outcome of the case, in accordance with paragraph 1) Part 2 of Article 662 of the CPC serves as an independent basis for the cancellation or amendment of a verdict rendered with the participation of jurors.
The rejection of a petition at a preliminary hearing in accordance with part 3 of Article 99 of the CPC does not prevent its re-application at subsequent stages of criminal proceedings, i.e. it does not limit the right of a party to consider this issue in the main trial.
3. In the decision on the appointment of the main trial, along with the issues listed in Article 322 of the CPC, the judge indicates that the case is being considered by a court with the participation of jurors and establishes the number of candidates for jurors, at least twenty-five people to be summoned to the court session. Such a large number of candidates for jurors contributes to the formation of a legitimate and reasonable composition of the jury to consider the case on its merits.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
Code of Criminal Procedure, Criminal Code, Comments to the Code of Criminal Procedure, Normative resolution of the Supreme Court, Criminal legislation, Normative legal acts of the Republic of Kazakhstan
Конституция Заң Кодекс Норматив Жарлық Бұйрық Шешім Қаулы Адвокат Алматы Заңгер орғаушы Заң қызметі Құқық қорғау Құқықтық қөмек Заңгерлік кеңсе Азаматтық істері Қылмыстық істері Әкімшілік істері Арбитраж даулары Заңгерлік кеңес Заңгер Адвокаттық кеңсе Қазақстан Қорғаушы Заң компаниясы Декларация Жарлық Бұйрық Қаулы Шешім Баяндама Қорытынды Өтініш Конвенция Келісімшарт Меморандум Әдістеме Нормалар Нота Ережелер Бағдарлама Жарғы Мақала Түсініктеме Қарар Регламент Хаттама Жоба Жолдау
