Commentary to article 340. The limits of the main trial The Criminal Procedure Code of the Republic of Kazakhstan

The main trial 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 part two of this article.

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

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 conducts a preliminary hearing in accordance with the procedure established by the Prosecutor's office. provided for in Article 321 of this Code.

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.

If during the main trial it became necessary to bring a more serious charge against the defendant 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.

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 the new indictment is drawn up is carried out if the court recognizes such a need.

1. Within the meaning of this article, the main trial is conducted only against the defendant and only within the limits of the charge on which he is being tried.

A change of charge is allowed only in cases where this does not violate the right of the accused to a defense. That is, we can talk about such a change in the charge that improves the defendant's situation, that is, it does not entail bringing him to justice on a more serious charge than has already been imputed.

2. This article regulates that if, during the main trial, it became necessary to combine 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 conducts a preliminary hearing. Both in this case and if it is necessary to bring a more serious charge against the defendant or one that differs from the original one, the court postpones the consideration of the case and provides the prosecutor with the necessary time to draw up a new indictment.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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