Commentary to article 91. Disqualification of the secretary of the court session and the bailiff The Criminal Procedure Code of the Republic of Kazakhstan
1 The secretary of the court session and the bailiff may not participate in the proceedings on a criminal case:
1) in the presence of any of the circumstances provided for in Article 87 of this Code;
2) if their incompetence is revealed.
2 A person's previous participation in a court session as a court session secretary or bailiff is not a circumstance precluding his further participation in the relevant capacity in court sessions.
3 The issue of recusal of the secretary of the court session and the bailiff is resolved by the court considering the case.
1. The powers of the secretary of the court session and the bailiff are specified in articles 83 and 84 of the CPC, respectively.
The secretary of the court session has a great responsibility to fully and reliably reflect in the minutes of the court session everything that happened during the trial of the case. In accordance with Article 347 of the CPC, the minutes of the court session are produced by computer, electronic (including audio, video recording), typewritten or handwritten methods. And the clerk of the court session. being present in the courtroom at all times, he keeps a record, and also provides audio and video recording of the court session.
The bailiff maintains order in the courtroom during the trial, executes the orders of the presiding judge and protects judges, witnesses and other participants in the process in the courts, protects them from outside influence, facilitates the conduct of procedural actions by the court, brings persons who evade court attendance, exercises other powers assigned to him by law
In the presence of the circumstances specified in Article 87 of the CPC, the secretary of the court session and the bailiff are required to recuse themselves, or they may be challenged by the participants in the process.
The independent basis for the recusal of the secretary of the court session and the bailiff in paragraph 2) of the first part of this article indicates their incompetence due to their lack of the necessary qualities for the proper performance of their professional duties.
2. In the second part of the commented article, it is stated that the previous participation of a person in a court session as a court secretary or bailiff is not a circumstance precluding his further participation in the relevant capacity in court sessions, meaning their participation both in the same case and in other cases considered in this court..
3. Petitions for the recusal of the secretary of the court session and the bailiff are resolved in full by the court considering the case, with removal to the conference room and issuing a resolution in the form of a separate document, which is announced immediately after the court leaves the conference room. If the challenges are satisfied, the withdrawn persons are replaced by other court staff members who are authorized to perform the duties of the court session secretary and bailiff.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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