Article 423. Appeal (private) appeal, appeal of the prosecutor of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

   1. in the appeal, in the petition of the prosecutor:

     1) the name of the court of the relevant appellate instance to which the complaint, the prosecutor's application is addressed;

     2) information about the person who filed the complaint or brought the prosecutor's application, indicating the procedural status, place of residence or residence, numbers of means of communication with him / her;

     3) the sentence or decision on which the appeal is filed, the petition of the prosecutor and the name of the court that issued this decision;

     4) indicate in which part of the sentence, resolution or in full they have been appealed, the prosecutor's application has been submitted;

     5) evidence of the person who filed the complaint, brought the prosecutor's petition, in his opinion, about the inaccuracy of the court's verdict, decision, what norms of the law were violated in the implementation of pre-trial proceedings or consideration of the case and how this influenced the decision on it and the subject of his appeal;

     6) evidence on which the author of the complaint, the prosecutor's petition substantiates his claims, including those not studied by the court of First Instance;

     7) list of materials attached to the complaint, petition of the prosecutor;

     8) the date of filing the complaint, the date of filing the prosecutor's application and the signature of the author of the complaint, the prosecutor who submitted the application.

     2.if the complaint filed, the petition of the prosecutor does not meet these requirements, they are considered filed, but the court that issued the verdict returns them with an indication of the full term of execution. If, within the specified period, an appeal (personal) complaint is not submitted to the court after the revision of the prosecutor's petition, they are considered not submitted, this complaint is reported to the author of the prosecutor's petition. The court of Appeal has the right to return the appeal in such a manner for execution in accordance with part one of this article.

     3.as confirmation of the grounds of an appeal (private) complaint, a prosecutor's petition, together with or after its submission, the parties have the right to submit a petition to the court of appeal to submit new materials or to demand and investigate them, as well as to interrogate witnesses, victims, experts, specialists indicated by them, to take other actions aimed at filling in the gaps of the judicial investigation of the first instance.

     4.a person who filed an appeal (private) complaint, brought a prosecutor's petition, has the right to change or supplement his complaint, prosecutor's petition with new evidence before the start of the court session. At the same time, such a question cannot be raised in the additional petition of the prosecutor or his application for amending the petition of the prosecutor, as well as in the additional complaint of the victim, private prosecutor or representatives filed after the expiration of the term of appeal against the sentence, if the initial petition or complaint of the prosecutor does not contain a requirement to worsen the situation of the convicted person. After the expiration of the deadline for appealing a judicial act, the defense counsel who has started proceedings in the case may change the complaint or supplement it with new evidence, provide additional evidence in the complaint filed by the defense attorney who previously participated in the case.

     5.a person who has appealed a sentence, decision, brought a prosecutor's petition has the right to withdraw his complaint, the prosecutor's petition before the start of the court session of the appeal instance. The prosecutor's petition may also be withdrawn by a higher prosecutor. A defender, legal representative has the right to withdraw his complaint only with the consent of the convicted person. The convicted person has the right to withdraw a complaint filed by his defense lawyer, legal representative, and his withdrawal of complaints from these persons is mandatory for the court. In such cases, the judge returns the complaint, petition by letter.

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

President    

Republic of Kazakhstan     

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