Commentary to article 647. Rights, duties of a juror and restrictions in actions related to the consideration of the case The Criminal Procedure Code of the Republic of Kazakhstan
The presiding judge explains to the jurors their rights, duties and restrictions in actions related to the consideration of the case, as well as warns about the consequences of violating duties and non-compliance with restrictions.
A juror has the right to:
1) participate in the examination of evidence considered in court in order to be able to independently assess the circumstances of the case according to their inner conviction and provide answers to questions that will be put before the jury;
2) ask questions to the participants of the process through the chairman;
3) participate in the inspection of physical evidence, documents, in the production of inspections of the area and premises, in all other actions in the judicial investigation;
4) apply to the presiding judge for explanations of the norms of legislation, as well as the content of documents announced at the court session and on other matters related to the case that are unclear to him;
5) make written notes during the court session.
The juror is obliged to:
1) observe the order in the court session and obey the lawful orders of the presiding judge;
2) appear at the time specified by the court to perform the duties of a juror, as well as to continue the trial if a break is announced in the court session or the hearing of the case is postponed.;
3) if it is impossible to appear in court, notify the presiding judge in advance of the reasons for the non-appearance.
A juror may not:
1) leave the courtroom during the hearing of the case;
2) to come into contact during the hearing of the case with persons who are not members of the court, without the permission of the presiding judge;
3) to collect information during the proceedings of the case outside the court session;
4) disclose information about the circumstances that became known to him in connection with his participation in a closed court session, as well as violate the secrecy of the conference room.
Failure by a juror to perform his duties, as well as failure to comply with the restrictions provided for in this article, shall entail liability established by law, as well as the possibility of the juror being removed by the presiding judge from further participation in the consideration of the case.
Part 2 of Article 647 of the CPC lists the rights of a juror. A juror has the right to:
1) participate in the examination of the evidence in question in order to be able to independently assess the circumstances of the case according to their inner conviction and provide answers to the questions that will be put before the jury;
2) ask questions to the participants of the process through the chairman;
3) participate in the inspection of physical evidence, documents, in the production of inspections of the area and premises, in all other actions in the judicial investigation;
4) apply to the presiding judge for explanations of the norms of legislation, as well as the content of documents announced at the court session and on other matters related to the case that are unclear to him;
5) make written notes during the court session.
The juror is obliged to:
1) observe the order in the court session and obey the lawful orders of the presiding judge;
2) appear at the time specified by the court to perform the duties of a juror, as well as to continue the trial if a break is announced in the court session or the hearing of the case is postponed.;
3) if it is impossible to appear in court, notify the presiding judge in advance of the reasons for the non-appearance.
A juror may not:
1) leave the courtroom during the hearing of the case;
2) to come into contact during the hearing of the case with persons who are not members of the court, without the permission of the presiding judge;
3) to collect information during the proceedings of the case outside the court session;
4) disclose information about the circumstances that became known to him in connection with his participation in a closed court session, as well as violate the secrecy of the conference room.
Failure by a juror to fulfill his duties, as well as non-compliance with the restrictions provided for in this article, shall entail liability established by the law of the Republic of Kazakhstan, as well as the possibility of removing the juror from further participation in the consideration of the case.
1. After the jurors have taken the oath, the presiding judge explains to them their rights, duties and restrictions in actions related to the consideration of the case, as well as warns of the consequences of violating duties and non-compliance with restrictions.
Jurors are people of different ages, with different levels of education, and occupation. It is not easy for them to remember everything that the chairman warned them about. To prevent the jurors from overstepping the bounds, it is allowed to hand each of them a memo.
2. In accordance with paragraph 4 of Article 13 of the Law "On Jurors" and part 5 of Article 647 of the CPC, the presiding judge at any stage of the case may suspend a juror from further participation in the case if he fails to comply with the restrictions established by part 4 of Article 647 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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