Commentary to article 503. Actions of the prosecutor at the end of the inspection or investigation The Criminal Procedure Code of the Republic of Kazakhstan
Upon completion of the verification or investigation of the application or appeal received by him, the prosecutor, if there are grounds for resuming criminal proceedings due to newly discovered circumstances, submits an appropriate petition to the court competent to consider the issue of resuming proceedings in the case. The petition is sent with the materials of the criminal case, to which a copy of the verdict is attached in the cases provided for in paragraphs 1), 2) and 3) of the second part of Article 499 of this Code, and the materials of the investigation in the cases provided for in paragraph 4) part two of the same article.
Having failed to see the grounds for initiating a motion to initiate proceedings on newly discovered circumstances, the prosecutor refuses to do so by his reasoned decision. A copy of the decision is sent to the applicant within three days, explaining to him the right to appeal the decision to a higher prosecutor or independently apply to the court to initiate proceedings on newly discovered circumstances.
1. A prosecutor is a person who, regardless of his participation in the proceedings on a criminal case, has the right, in accordance with part one, to send a petition to the relevant court to initiate proceedings on newly discovered circumstances. the prosecutor sends such petitions to the court both on his own initiative and at the request of the persons who applied to him.
2. The persons listed in the first part of Article 502 of the CPC are participants in the proceedings in a criminal case, and they have the right to independently apply to the court with a petition to initiate proceedings on the newly discovered circumstances. Along with this, they can apply to the prosecutor with a request to verify their information about the newly discovered circumstances and initiate the resumption of proceedings in court. Other persons (citizens, officials of organizations, etc.) who are not entitled to personally petition the court to initiate proceedings on newly discovered circumstances, but who have relevant information, may apply to the prosecutor with the same statement.
3. The prosecutor, having received the relevant appeals from the above-mentioned persons, verifies the information contained therein. If the grounds provided for by law are identified, the prosecutor shall apply to the court competent to consider the issue of resuming proceedings on the newly discovered circumstances. The petition is sent with the materials of the criminal case, to which a copy of the verdict is attached in the cases provided for in paragraphs 1), 2) and 3) of the second part of Article 499 of the CPC, and the materials of the investigation in the cases provided for in paragraph 4) part two of the same article.
4. If the prosecutor has not found grounds for considering in court the issue of initiating proceedings on newly discovered circumstances, he shall issue a reasoned decision on the absence of grounds for this and refuse to initiate the matter in court to the person who applied to him. A copy of the decision is sent to the applicant within three days, explaining to him the right to appeal the decision to a higher prosecutor or independently apply to the court to initiate proceedings on newly discovered circumstances.
The decision of the prosecutor to refuse to initiate a petition before the court to initiate proceedings on newly discovered circumstances is not an obstacle for the persons listed in the first part of Article 502 of the CPC to apply to the court with a similar petition on their behalf or on behalf of the persons they represent.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
