Comments to Article 94. resignation from participation in criminal proceedings of the defense, the victim's bearer (partial prosecutor), the civil plaintiff or the civil defendant of the Criminal Procedure Code of the Republic of Kazakhstan
1 A defense attorney, as well as a representative of the victim (partial prosecutor), civil plaintiff, and civil defendant may not participate in criminal proceedings in the presence of any of the following separations:
1) if he previously participated in the case as a court, prosecutor, investigator, inquirer, court session secretary, bailiff, witness, expert, specialist, translator or understandable;
2) if he is in a family or other relationship with a personal person, he participates or participates in the consideration or judicial review of the case.;
3) if he provides or previously provided legal assistance to a person who has interests opposed to his client or trusted interests, and is equally related to such persons or has other personal interests.;
4) if he would not have introduced protection or representation by virtue of a law or a decision in the water.
2 The issue of resigning from the protection section, the victim's bearer (partial inhabitant), the civil plaintiff or the civil defendant during the pre–trial investigation is resolved by the prosecutor, and during the proceedings in court - by the court considering the case.
1. This article provides for cases when a defender, a representative of the victim (partial prosecutor), or a civil defendant cannot participate in the criminal case proceedings.
This is dictated by the necessary protection of the lawyer and the exclusion of the possibility of representatives using their procedural position during the representation of persons.
In the presence of any one of the objects specified in the first part of this article, these persons are subject to resignation from the site in the case.
This article does not specify the issues of participation in the case of legal representatives of the failed entrance, the accused, the defendant, the convicted and persons suffering from mental disorders that do not exclude sanity, as well as in the event of pre-trial proceedings and judicial division in the absence of the suspect, the accused, the defendant, the convicted.
In addition, the fifth part of Article 537 of the CPC states that a legal representative may refuse to participate in a case if there are grounds to believe that his action is caused by an increased interest or focus on the consideration of an objective investigation of the case or at the request of the legal representative himself. This is stated in the message. When considering a case in court, a legal representative may be dismissed from participating in the case if his actions are related to increasing the interest of a distrustful person. When conducting a legal representation, another legal representative of the failed person may be allowed to participate in the case.
In accordance with the requirements of article 516 of the CPC, the legal representative also participates in the proceedings on the application of generally accepted medical measures to the insane. Chapter 54 of the Code of Criminal Procedure, which regulates the procedure for proceedings against the insane and persons whose mental development occurred after committing a criminal offense, does not indicate the possibility of the legal representative's resignation from participation in the case, however, it seems that in these cases, the body leading the corner management process should be dismissed or replaced at its discretion or on the part of the participants in the process, legal representatives, acting on issues of interests of persons.
The decision to dismiss from the participation of the defense, the victim's bearer (partial inhabitant), the civil plaintiff or the civil defendant during the pre–trial investigation is made by the prosecutor, and during the proceedings in court - by the court considering the case.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
Конституция Заң Кодекс Норматив Жарлық Бұйрық Шешім Қаулы Адвокат Алматы Заңгер Қорғаушы Заң қызметі Құқық қорғау Құқықтық қөмек Заңгерлік кеңсе Азаматтық істері Қылмыстық істері Әкімшілік істері Арбитраж даулары Заңгерлік кеңес Заңгер Адвокаттық кеңсе Қазақстан Қорғаушы Заң компаниясы
