Article 411. Consideration of a private prosecution case at a court hearing of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 411. Consideration of a private prosecution case at a court hearing of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. The consideration of a private prosecution case in a court session shall be conducted in accordance with the general rules of judicial proceedings with exceptions established by this article.

2. The trial must be initiated no later than fifteen days after the complaint is received by the court, but not earlier than three days after the defendant receives a copy of the complaint explaining his rights.

3. Consideration of a complaint in a private prosecution case may be combined into one proceeding with consideration of a counter complaint. The connection is allowed by order of the judge before the start of the judicial investigation. When complaints are combined into one proceeding, the persons who filed them participate in the process simultaneously as a private prosecutor and a defendant. In order to prepare for the defense in connection with the receipt of a counter-complaint and the connection of proceedings at the request of the person against whom the counter-complaint has been filed, the case may be postponed for a period of no more than three days. The interrogation of these persons about the circumstances stated by them in their complaints is carried out according to the rules of interrogation of the victim, and about the circumstances stated in the counter–complaints - according to the rules of interrogation of the defendant.

In court proceedings, the private prosecutor and the defendant have the right to be present in person or to be represented by their representatives.

4. Before the start of the judicial investigation, the presiding judge is obliged to explain to the parties about the possibility of reconciliation among themselves, the procedure and consequences of reconciliation. Reconciliation is possible without any conditions and obligations of the parties. A petition for reconciliation may be filed before the court is removed to the conference room.

5. The judicial investigation begins with the presentation of the complaint by the private prosecutor or his representative. When a counter-complaint is considered simultaneously in a private prosecution case, its arguments are presented in the same order after the arguments of the main complaint are presented. The prosecutor presents evidence, has the right to participate in their study, to present to the court his opinion on the merits of the charge, on the application of criminal law to the defendant and the imposition of punishment, as well as other issues arising during the trial. The prosecutor may change the charge at a court hearing, if this does not worsen the defendant's situation and does not violate his right to defense, and also has the right to withdraw the charge.

6. Failure of a private prosecutor or his representative to appear at a court hearing without valid reasons specified in the second part of Article 157 of this Code, if the prosecutor did not personally participate in the consideration of the case, shall entail the termination of the case, however, at the request of the defendant, the case may be considered on its merits in their absence.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases