Commentary to article 653. The formulation of issues to be resolved by the court with the participation of jurors The Criminal Procedure Code of the Republic of Kazakhstan
During the discussion and formulation of questions, the jurors are removed from the courtroom.
The parties have the right to comment on the content and wording of the issues and to make suggestions on raising new issues.
The chairman, taking into account the results of the judicial investigation and the debate of the parties, formulates in writing the issues to be resolved by the judge and the jury in the conference room, reads them out and transmits them to the parties.
Taking into account the comments and suggestions of the parties, the chairman of the conference room definitively formulates the issues to be resolved by the court with the participation of jurors, enters them into the question sheet and signs it.
The question sheet is announced in the presence of the jurors and the parties. After that, changing the wording of the questions, excluding questions from the questionnaire, or including new questions in it is not allowed.
1. Before the court retires to the conference room, the presiding judge, in accordance with the first part of Article 653 of the CPC, independently formulates in writing the issues to be resolved by the court with the participation of jurors.
The legislator does not specify whether the chairman should retire to the conference room for this purpose, whether it is possible to interrupt the court session while the chairman prepares questions, or whether the chairman should formulate questions right here, in the presence of all participants in the process in the court session, which is not interrupted. The third paragraph of paragraph 15 of the regulatory decree of the Supreme Court states that after returning to the courtroom, the judge reads out the question sheet in the presence of the parties and the jury. It follows from this that if the presiding judge returns to the courtroom, then, naturally, before that, in order to form the questions to be included in the questionnaire, he is removed from the courtroom to the conference room.
2. The first part of Article 653 of the CPC states that the chairman, having formulated the questions, reads them out and transmits them to the parties. The jury should not be present when the presiding judge reads out his first version of the questionnaire, discusses and formulates questions..
The parties have the right to comment on the content and wording of the issues, as well as to make suggestions on raising new issues. If the parties submit oral comments on the content and wording of questions and suggestions for raising new questions, these comments are reflected in the minutes of the court session. If the comments and suggestions are submitted by the parties in writing, they are attached to the case file, which is noted in the minutes of the court session.
The judge, taking into account the comments and suggestions of the parties, having finally formulated the questions in the conference room, enters them into the question sheet and signs it.
Regardless of the number of defendants in the case, only one question sheet is drawn up, the judge does not have the right to include in the question sheet those questions that were not the subject of discussion by the parties.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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