Commentary to article 652. Remarks and the last word of the defendant in court with the participation of jurors The Criminal Procedure Code of the Republic of Kazakhstan
Immediately after the speeches are delivered in each part of the debate, all participants in the debate have the right to reply. The defender has the right to make the last remark. The remarks on the second part of the court arguments are made in the absence of the jurors.
In accordance with Article 384 of this Code, the defendant is given the last word.
1.In accordance with part 7 of Article 383 and Article 652 of the CPC, after speeches have been made by all participants in the judicial debate, each of them has the right to make brief objections or remarks (remarks) about what was said in the speeches of the representatives of the parties. The right of the last remark in all cases belongs to the defendant and his defense counsel.
2. After the end of the court debate, the presiding judge gives the defendant the last word. No questions are allowed to the defendant during his last speech.
In accordance with article 384 of the CPC, the court does not have the right to determine the length of the defendant's last word. The presiding judge has the right to stop the defendant in cases where it concerns circumstances unrelated to the case under consideration.
The court should bear in mind that the provision of article 385 of the CPC is also applicable in cases tried with the participation of jurors. If the defendant in the last word reports new circumstances relevant to the case, the court, at the request of the parties or on its own initiative, resumes the judicial investigation. Upon completion of the resumed judicial investigation, the court reopens the judicial debate, which is conducted anew from the very beginning in accordance with the procedure provided for by law.
According to the general rules, after hearing the last word of the defendant, the presiding judge announces to those present that the court is retiring to the deliberation room to pass sentence, and may announce the time of the verdict before it is removed.
But in cases considered with the participation of jurors, the procedure for further court sessions is somewhat different.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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