Article 429. Procedure for consideration of a case in the appellate instance of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. The appellate instance considers cases in open court, except in the cases specified in Article 29 of this Code. The chairman opens the court session, announces which case is being considered and on whose appeal (private) complaints or the prosecutor's petition. After that, the presiding judge announces the composition of the court, the names of the persons present who are the parties to the case, as well as the names of the interpreters.
2. The chairman explains to the persons participating in the meeting their procedural rights when considering the case in the appellate instance, including the conclusion of a procedural agreement or agreement on reaching reconciliation, including through mediation, and interviews the parties about their challenges and petitions and, if they are filed, finds out the opinion of the participants in the process on them, after whereupon, the court, in compliance with the procedure provided for in Article 344 of this Code, shall issue a resolution based on the results of their consideration.
If a participant in the process has filed a motion to verify the legality of the decision of the court of first instance to restore the missed appeal period, review the verdict or resolution at the request of the prosecutor, then this petition is subject to consideration immediately after the resolution of the challenges. If the decision to restore the missed deadline is recognized as illegal, the appellate instance issues a decision to cancel it and terminate the appeal proceedings on the complaint or petition of the prosecutor filed with the missed deadline. If the restoration of the missed deadline is recognized as correct, the appellate instance continues to consider complaints and petitions of the prosecutor in accordance with the procedure provided for in this article.
3. The parties submitting additional materials to the court are obliged to indicate how they were obtained and why it was necessary to submit them, as well as to justify the need to complete the judicial investigation conducted by the court of first instance. Additional materials cannot be obtained through investigative actions.
The parties may base their appeals and petitions on evidence that has not been examined by the court of first instance only if they submitted evidence to the court of first instance, but it was not accepted by the court of first instance, or if they were unable to submit evidence to the court of first instance for valid reasons beyond their control..
4. If the parties request that new materials be added to the case or that they be requested and examined, as well as that the witnesses, victims, experts, and specialists indicated by them be questioned, or that other actions be taken to fill in the gaps in the judicial investigation in the first instance, the court hears the opinion of the participants in the process, after which it issues a decision on their satisfaction or rejection.. If the court of appeal has decided to conduct a judicial investigation, then the petitions of the parties to question the witnesses who appeared on their initiative are subject to satisfaction. If, in connection with the satisfaction of petitions, time is required to conclude a procedural agreement or an agreement to achieve reconciliation, including through mediation, or to perform other actions, the court shall declare a break and, if necessary, extend the time limit for consideration of the case in the appellate instance.
If it takes time for the scheduled examinations to be carried out, the court shall declare a break and, if necessary, extend the time limit for consideration of the case in the appellate instance.
5. The court of appeal, in accordance with the rules prescribed for the court of first instance, examines additional materials submitted by the parties or requested at their request, receives expert opinions, and interrogates persons summoned to the meeting.
If a procedural agreement or an agreement on reconciliation is concluded in the court of first instance, including through mediation, the court verifies the legality within the limits of these agreements. After the cancellation of the verdict of the court of first instance on the grounds provided for by law, when considering the case at a court session of the appellate instance, according to the rules of the court of first instance, the parties may conclude a procedural agreement or an agreement to achieve reconciliation, including through mediation.
6. After conducting a judicial investigation, the court, according to the rules of judicial debate, hears the speeches of the participants in the process, who state the motives and arguments of their complaints, petitions of the prosecutor or objections to them. In their statements, the parties have the right to refer to both the materials examined by the court of first instance and additional materials examined by the appellate instance. The first to speak is the participant in the process who filed the complaint, who brought the prosecutor's petition, if there are several of them, the court, taking into account their opinion, sets the order of speeches. If the complaint or the prosecutor's motion raises the issue of the deterioration of the situation of the convicted (acquitted), the defense side speaks after hearing the statement of the prosecution.
7. The prosecutor participating in the court of appeal expresses his opinion on the appeals under consideration, sets out the arguments indicated in the prosecutor's petition, gives an opinion on the legality of the judicial acts that took place in the case, and, if necessary, supports the state prosecution.
8. When the court of appeal examines new evidence, interrogates the convicted (acquitted), witness, victim, expert, specialist and other persons, a protocol of the court session is kept, which is drawn up in accordance with the requirements of Article 347 of this Code. The parties and persons questioned at the session of the appellate instance have the right to get acquainted with the minutes of the court session and bring their comments to it in accordance with the procedure provided for in Article 348 of this Code. Comments on the protocol are considered in accordance with the procedure provided for in Article 349 of this Code.
9. The rules of procedure of the court session and the measures taken against violators are determined by the rules of Articles 345, 346 of this Code. The procedure for making decisions in the conference room is determined by the rules of Article 389 of this Code.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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