Commentary to article 648. Jurisdiction of the court with the participation of jurors The Criminal Procedure Code of the Republic of Kazakhstan
During the trial of a case by a court with the participation of jurors, the issues provided for in paragraphs 1), 2), 3), 4), 5), 6), 7), 8) and 14) of the first part of Article 390 of this Code.
The judge should not acquaint the jury with factual data that is unacceptable as evidence. If during the trial factual data that is inadmissible as evidence in accordance with Article 112 of this Code is discovered, the presiding judge is obliged, in the absence of the jurors, to decide whether to exclude them from the list of such evidence, and in the case of an examination of such evidence, to recognize them as null and void, and to explain to the jurors, so that they don't take them into account when making decisions.
The parties may not, without the permission of the presiding judge, mention in a court with the participation of jurors the existence of evidence excluded from the proceedings, or refer to them to substantiate their position. In case of violation of this requirement, the presiding judge is obliged to interrupt the speech of the participant in the process and warn him about the inadmissibility of mentioning the evidence excluded from the case and explain to the jury so that they do not perceive what was said by the participants in the process. In case of disobedience to the orders of the presiding judge, a monetary penalty may be imposed on a participant in the proceedings in accordance with the procedure provided for by this Code. A corresponding entry shall be made in the minutes of the court session on the indicated measures taken by the presiding judge. The court may also issue a private ruling against a participant in the proceedings who violates the procedure of judicial proceedings and does not obey the lawful orders of the presiding judge, in order to take measures against him in accordance with the procedure provided for by law.
1. During the trial of a criminal case, jurors shall resolve only those issues that are provided for in part 1 of Article 648 of the CPC and are formulated in the question sheet.
Issues not specified in part 2 of Article 648 of the CPC are resolved by the presiding judge of the case without the participation of jurors.
If during the trial there is a question about the inadmissibility of evidence, it is considered in the absence of the jurors, who at this time are removed from the courtroom. After listening to the opinion of the parties, the judge decides to exclude the evidence that he has declared inadmissible. The initiative to declare evidence inadmissible may come from either the parties or from the presiding judge himself.
2. The judge and the parties to the proceedings may not disclose or otherwise inform the jury of the presence of inadmissible evidence excluded from the case, including those that were recognized as such during the preliminary hearing in the case. Thus, the legislator strives to ensure the impartiality and objectivity of the jury during the consideration of the case.
All other issues listed in part 1 of Article 390 of the CPC are resolved by the judge alone without the participation of jurors.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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