Commentary to article 641. Resolution of issues on self-recusal of candidates for jurors The Criminal Procedure Code of the Republic of Kazakhstan

The presiding judge asks about the existence of legally prescribed reasons for the release of any of the candidates for jurors from participating in the consideration of the case. Each of the candidates for jurors who appear has the right to indicate valid reasons preventing him from performing his duties as a juror, as well as to recuse himself. After hearing the opinion of the parties, the presiding judge decides whether to grant the self-recusal of the candidate for juror or to refuse to do so.

1. Recusal is the statement by the candidate for the jury of the petition about the impossibility of his participation in the trial of the case.

The grounds for self-recusal of candidates for jurors are given in article 87 of the CPC "Recusal of a judge", which must be explained to the candidates for jurors presiding over the case.

In addition to the grounds for self-recusal listed in Article 87 of the CPC, a candidate for juror may also use as a reason grounds for self-recusal that are not specified in the law, but, in his opinion, relate to valid reasons that prevent the performance of duties of a juror in this case.

At the request of candidates for jurors about the impossibility of participating in the trial, the opinion of the parties is heard, then the judge makes a decision. The judge makes such a decision after each declared recusal, which he must announce. Upon satisfaction of the petition, the candidate for juror is excluded from the preliminary list and removed from the courtroom.

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

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