Article 336. Participation of the defender in the main trial of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.the defense counsel of the defendant shall participate in the main trial in the cases provided for in Article 67 of this code, as well as at the invitation of the defendant, their legal representatives, as well as other persons on behalf or agreement of the defendant.
2.if the defense attorney does not appear and it is impossible to replace him at this court session, the discussion of the case is postponed. Replacement of a defender who did not appear at the court session is allowed only with the consent of the defendant. If the presence of a defender summoned by the defendant is not possible within five days, the court, in accordance with Article 68 of this code, postponing the main trial, offers the defendant to choose another defender, and when he refuses, appoints a new defender.
When the defendant refuses the defense counsel, the court decides whether to accept or reject the defense counsel's refusal.
3.the newly entered defense attorney is given the necessary time to prepare for participation in the trial. With the consent of the protected person, he has the right to submit to the court a new act of protection, justifying the position of protection, as well as a petition to repeat any action committed during the trial before he enters into the case.
4.the defense counsel of the defendant submits to the court what is necessary for the provision of legal assistance, documents and information collected in accordance with the procedure provided for in the third part of Article 122 of this code, participates in the study of other evidence, expresses his opinion on the subject of the prosecution and its substantiation, on the circumstances mitigating or justifying the defendant's liability, on the measure of punishment, as well as on other issues arising during the trial.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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