Issues of strengthening the institution of public prosecution in jury trials were discussed in the Office of the Prosecutor General

The Chairperson of the Constitutional Court Elvira Azimova spoke at the opening of the II Republican Forum of State Prosecutors on the topic: “Topical Issues of Maintaining the State Prosecution in a Jury Trial”.

The event was attended by representatives of the Presidential Administration, the Supreme and Constitutional Courts, the Republican Bar Association, legal scholars and staff of regional prosecutor's offices.

In her speech, Azimova noted that strengthening the institution of public prosecution and developing the institution of jury trial is of important social and legal importance, as previously pointed out by the constitutional control body.

Reference: In its ruling No. 4 of April 18, 2007, the Constitutional Council clarified that the right of the accused (defendant) to have his case heard by a jury trial belongs to the sphere of protection of human and civil rights and freedoms in criminal proceedings, so it can be granted to him not only at the stage of preliminary investigation, but also in court, before the main trial is scheduled.

It emphasized that the administration of justice by jury in criminal cases was enshrined in the Constitution. The jury trial contributed to the democratization of justice by giving citizens the opportunity to participate directly in the administration of the judiciary. During its existence, the Kazakh model has proved its right to further development in accordance with the principles of adversarial, humanity, publicity, more effective protection of the rights and freedoms of citizens.

“In September this year, on the basis of a citizen's appeal, the Constitutional Court initiated proceedings to check the constitutionality of parts 4 and 6 of Article 645 of the Code of Criminal Procedure, concerning the replacement of a juror,” Azimova said.