Article 419. The procedure for restoring the time limit for filing an appeal (private) complaint, bringing a petition from the prosecutor of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. If the deadline for filing an appeal (private) complaint is missed, or a prosecutor's petition is brought, persons who have the right to file a complaint or a prosecutor's petition may petition the court that issued the verdict or resolution to restore the missed deadline. A petition for the restoration of the time limit for filing an appeal (private) complaint, a prosecutor's petition may be submitted in writing or in the form of an electronic document. A motion for reinstatement of the time limit is considered at a court hearing by the judge who presided over the main trial of the case, and if he is absent for a long time (at least five days) by another judge of the same court, who has the right to summon the person who initiated the petition to give explanations.

     2. The judge's decision to refuse to restore the missed time limit may be appealed or reviewed at the request of the prosecutor to the relevant regional or equivalent court, which has the right to restore the missed time limit and consider the case on the complaint or petition of the prosecutor in compliance with the requirements set out in Article 420 and part two of Article 421 of this Code. The participants in the process who disagree with the court's decision to restore the missed deadline for filing an appeal, bringing a prosecutor's petition, before the start or at a meeting of the appellate instance, have the right to submit their arguments and petition for the cancellation of this decision. In case of satisfaction of such a petition, the appellate instance, by its decision, leaves the appeal, the prosecutor's petition without consideration.

     3. The court specified in the first part of this article is obliged to restore the missed deadline for filing an appeal (private) complaint, bringing an appeal petition from the prosecutor in case of violation of the law limiting the participant's ability to defend his rights and legitimate interests (late production of the minutes of the court session, delivery of a copy of the judicial act to a person participating in the case who does not speak the language of the proceedings, without translation, inaccuracy of the indication of the time limit for appeal in the operative part of the judicial act), as well as the presence of other circumstances, which objectively prevented him from filing a complaint in a timely manner or bringing a prosecutor's motion.

     4. The decision of the judge of the appellate instance on the restoration of the missed time limit, together with the complaint, the prosecutor's petition and other materials, shall be immediately sent to the court that issued the verdict, resolution, in order to perform the actions provided for in Articles 420 and 421 of this Code.

President    

Republic of Kazakhstan     

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