Commentary to article 645. General conditions for the participation of jurors in court proceedings The Criminal Procedure Code of the Republic of Kazakhstan

Upon completion of the formation of the jury panel, the presiding judge invites the main jury to take their place on the jury bench in accordance with the procedure determined by drawing lots. The jury bench should be separated from those present in the courtroom and located, as a rule, opposite the dock. Two alternate jurors occupy specially designated places on the jury bench.

The jurors and alternate jurors are constantly present during the court proceedings in the courtroom, with the exception of the cases provided for by this Code.

If during the trial, but before the removal of the jurors and the judge to the deliberation room to reach a verdict, it turns out that one of the jurors cannot continue to participate in the court session or is suspended by the presiding judge from participating in the court session, he will be replaced by a substitute juror in the order in which the tickets are indicated with the names The substitute jurors were removed from the urn. If the possibilities of replacing retired jurors with replacement jurors are exhausted, the presiding judge shall declare the trial invalid and return the trial to the stage of preliminary selection of candidates for jurors in accordance with Article 638 of this Code.

If the inability of any of the jurors to participate in the court session becomes apparent after being removed to the conference room, the judge and jurors must enter the courtroom, replace the juror with a substitute juror, and retire to the conference room. If the possibility of replacing a retired juror with a substitute juror has been exhausted, the presiding judge shall declare the trial invalid and return the trial to the stage of preliminary selection of candidates for jurors in accordance with Article 638 of this Code.

Any juror at any stage of the consideration of a case may be suspended from further participation in the case in case of non-compliance with the restrictions established by part four of Article 647 of this Code.

The removal of a juror is carried out by the presiding judge in the presence of the parties, which is recorded in the minutes of the court session.

1. According to Article 645 of the CPC, the presiding judge, after completing the drawing of lots and announcing that the jury panel has been formed, places the main jury of 10 people on the jury bench, inviting everyone to take a seat in accordance with the order determined by the drawing of lots. Two alternate jurors occupy specially designated places on the jury bench.

In courtrooms, the bench of jurors should be separated from other persons present in the courtroom and located, as a rule, opposite the dock.

Jurors and alternate jurors are required to be present at all times during the trial in the courtroom, except in cases provided for by this Code, when, by order of the presiding judge, they are temporarily removed from the courtroom.

Parts 3-6 of this article provide for cases of replacement of jurors and their removal from the proceedings.

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

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