The Constitutional Court will check the constitutionality of the conditions for the participation of jurors in court proceedings
Following a preliminary examination, the Constitutional Court accepted for constitutional proceedings a citizen's appeal to verify the constitutionality of parts four and six of Article 645 of the Code of Criminal Procedure.
According to the contested norms, if it is found impossible for a juror to participate after removal to the deliberation room, the judge and the jurors return to the courtroom to replace the juror with a substitute, after which they are again removed to the deliberation room. If the possibility of replacement is exhausted, the presiding officer shall declare the trial null and void and return it to the stage of preliminary selection of jurors. The decision to dismiss a juror shall be made by the presiding officer in the presence of the parties, which shall be recorded in the protocol.
Judge-Rapporteur: Musin K.S.
Information on the progress and results of the constitutional review will be published on the official website https://www.gov.kz/memleket/entities/ksrk/press/article/details/168786?lang=ru and Telegram channel https://t.me/ConstitutionalCourt_KZ of the Constitutional Court.