Article 428. Appointment of the Court of appeal session of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 428. Appointment of the Court of appeal session of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. The court of appeal, within ten days from the date of receipt of the criminal case with complaints, shall appoint a court session at the request of the prosecutor, and shall issue a resolution resolving the issue of maintaining, electing, canceling or changing the preventive measure against the convicted or acquitted person. A copy of the court's decision is sent to the parties within three days from the date of its issuance.

2. When a motion is received from a convicted person in custody to participate in a court hearing of the appellate instance when considering a complaint or a prosecutor's petition aimed at worsening his situation, the court of appeal issues a resolution on the consideration of the case with the direct participation of the convicted person or using scientific and technical means to ensure the remote participation of the named person, who sends the appropriate authorities for execution.

3. The issue of summoning a convicted person in custody to a court hearing in other cases is decided by the court of appeal. The participation of the convicted (acquitted) person in the meeting of the appellate instance is mandatory when the court of appeal conducts a judicial investigation. Consideration of the case in such cases in the absence of the convicted (acquitted) is allowed in the presence of the circumstances specified in Article 335 of this Code.

4. The participation of the defender in the appellate instance is carried out in the cases provided for in the first part of Article 67 of this Code. In cases where the case is being considered against a minor convicted person, either on appeal from the victim (civil plaintiff), their representatives, or at the request of the prosecutor, which raise the issue of worsening the situation of the convicted person, or when pre-trial proceedings and consideration of the case in the court of first instance were conducted without the participation of the accused, or when the court of appeal During the judicial investigation, the participation of a defender in the appellate instance is mandatory.

5. Persons who, in accordance with Article 414 of this Code, have been granted the right to appeal a verdict, shall in all cases be admitted to the court of appeal. At their request, they are given the floor to speak in support of the complaint filed or the prosecutor's motion brought or objections to them.

6. The participation of the prosecutor in the appellate instance is mandatory, with the exception of cases of private prosecution.

In the appellate instance, the prosecutor has the powers provided for in Article 337 of this Code.

The non-appearance of other participants in the process, with the exception of the defender, who were promptly notified of the place and time of the appeal hearing, does not prevent the case from being considered.

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

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