NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 6, 2002 No. 25

About respect for the principle of publicity of criminal law of procedure

Studying of court practice of respect for the principle of publicity of legal proceedings showed that courts of the republic consider the vast majority of criminal cases in proceedings in open court, and when carrying out the closed judicial sessions are guided by the requirements established by the law. At the same time there are cases of illegal restriction of publicity of legal proceedings.

For the purpose of respecting the rule of law in case of administration of law the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. The principle of publicity of legal proceedings enshrined in Article 29 of the Code of penal procedure (further - the Code of Criminal Procedure), in total with other principles provides accomplishment of the tasks of criminal procedure directed to exposure and accountability of persons who committed crimes on fair legal proceedings. In this regard courts need to realize more widely this principle, to provide possibility of open entry to courtrooms of all interested persons, including representatives of mass media.

2. Courts shall observe strictly requirements of the criminal procedure law on open legal proceedings of cases in all degrees of jurisdiction and not allow the facts of violation of the principle of publicity of legal proceedings, unreasonable refusal to citizens and to representatives of mass media to be present at court room or at the certain hall where broadcast of judicial session is performed. Realization of the right of persons to be present at court room shall not disturb the normal course of legal proceedings.

Illegal restriction of publicity (unreasonable classification of case papers, holding private meetings on the unforeseen law to the bases, etc.) can entail derogation and infringement of procedural law of participants of process.

Depending on nature and materiality of these violations the production which took place on case can be nullified, with cancellation of the passed decision, or collected materials can be acknowledged not having strength of evidence.

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