Article 340. Limits of the main judicial proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The main court proceedings shall be conducted only in respect of the defendant and within the limits of the charge on which he has been tried, with the exception of the case provided for in paragraph two of this article.

     2. A change of charge is allowed provided that this does not violate the right of the accused to a defense.

     3. If, during the main trial, it became necessary to connect the case under consideration with another criminal case, to bring other persons to criminal responsibility, if their actions are related to the case under consideration and separate consideration of the case against new persons is impossible, the court, at the request of the prosecution, taking into account the opinions of other participants in the process, interrupts the consideration of the case and holds a preliminary hearing. in accordance with the procedure provided for in Article 321 of this Code.

     4. When the preliminary hearing of the criminal case under consideration is combined with the newly received case, the court provides the prosecutor with time to draw up a new indictment, the protocol of the accelerated pre-trial investigation, and the protocol of the prosecution.

     5. If during the main trial it became necessary to charge the defendant with a more serious charge or one that differs from the original one, the court postpones the consideration of the case and provides the prosecutor with the time necessary to draw up a new indictment, the protocol of the accelerated pre-trial investigation, and the protocol of the charge.

     6. Judicial proceedings in a connected case shall be conducted in accordance with the procedure provided for in Section 7 of this Code. A re-examination of the evidence that was examined by the court before drawing up a new indictment, the protocol of the accelerated pre-trial investigation, and the protocol of the prosecution is carried out if the court recognizes such a need.

President    

Republic of Kazakhstan     

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