Comments on article 203. Warning of the witness about responsibility for refusal to testify and for giving knowingly false testimony of the Civil Procedure Code of the Republic of Kazakhstan
1. Prior to the interrogation of a witness, the presiding judge establishes the identity of the witness, explains his duties and rights, and warns him of criminal liability for refusing to testify and for knowingly giving false testimony. A witness, including one who has not reached the age of sixteen, is given the right to refuse to testify against himself, his spouse and close relatives, and a clergyman is also instructed not to testify against those who confided in him in confession.
2. A judge explains to a witness who has not reached the age of sixteen the obligation to truthfully tell everything he knows about the case, but he is not warned about criminal liability for refusing to testify and for knowingly giving false testimony.
1. The article under review provides for clarifying the identity of a witness before warning him of responsibility for refusing to testify and knowingly giving false testimony. There is no single legislative requirement in this regard, however, according to established judicial practice, when establishing the identity of a witness before his interrogation, his last name, first name, patronymic, year of birth, place of work, residence are clarified. This information is recorded in the minutes of the court session. All witnesses, including those under the age of sixteen, should be informed of their right to refuse to testify against themselves, their spouses and close relatives, and the clergyman should be informed of his right to refuse to testify against those who confided in him during confession. Immediately before the interrogation, the court also explains to the witness his obligation to give truthful testimony about the circumstances known to him that are relevant to the resolution of the case.A witness is warned about responsibility for refusing or evading testimony and for knowingly giving false testimony in accordance with Articles 420, 421 of the Criminal Code, not before being removed from the courtroom in the preparatory part of the trial, but immediately before interrogation, which is more conducive to giving them truthful testimony.
2. Since a person who has not reached the age of sixteen is not the subject of crimes provided for in Articles 420, 421 of the Criminal Code, such a person will not be warned of criminal liability for refusing to testify and knowingly giving false testimony. To a witness who has not reached the age of sixteen, the court explains his duty to truthfully tell everything he knows about the case.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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