Article 127. Criminal Procedure Code of the Republic of Kazakhstan

1.a court verdict in a criminal case that has entered into legal force, as well as another decision deciding a criminal case on its merits, is binding on all state bodies, individuals and legal entities, both in relation to the established circumstances and their legal assessment in relation to the person from whom the verdict and decision of the court were made. This provision does not prevent the court from checking the verdict and other decisions in Cassation, as well as on newly discovered circumstances, canceling and changing them, during the revision of the case in the Supreme Court of the Republic of Kazakhstan.

     2.the decision of the court that has entered into legal force in a civil case is binding on the body conducting criminal proceedings during a pre-trial investigation or proceedings in a criminal case only on the issue of the occurrence or failure of an event or action, and it should not resolve in advance the conclusions about the guilt or innocence of the defendant.

     By the normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 14.07.2023 No. 23, the second part of Article 127 of this code was recognized as consistent with the Constitution of the Republic of Kazakhstan.

     3.a court sentence that has entered into legal force, in which the right to satisfy a claim is recognized, is binding on the court in this part of its consideration of a civil case.

     4.in addition to the decision on termination of criminal prosecution on the same suspicion, the decision of the criminal prosecution body is not binding on the court.

     By the normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 05.07.2024 No. 47-OK, the fourth part of Article 127 of this code was recognized as consistent with the Constitution of the Republic of Kazakhstan with the following interpretation: "the resolution of the criminal prosecution body does not have pre-trial significance for the court. Note" except for the resolution on termination of criminal prosecution on the same suspicion " should be understood as a circumstance that excludes the proceedings in the case and does not allow the conviction of a person with an invalid resolution of the criminal prosecution body adopted in accordance with Paragraph 8) of part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan on termination of criminal prosecution on the same suspicion.".

Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V kr.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

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