Article 430. Powers of the appellate instance of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 430. Powers of the appellate instance of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

1. when considering a case received together with an appeal or a petition of the prosecutor, the court, in order to verify the legality of the verdict and correctly resolve the case, shall submit a petition to the parties:

1) attach and examine documents and other documents related to the health status, marital status and data on previous convictions of the convicted person, victim and other persons involved in the case;

2) assign a forensic psychiatric or other examination;

3) interrogation of additional witnesses, experts, specialists declared by the parties, examination of written, physical and other evidence submitted by the parties;

4) recognize the materials studied by the court of First Instance as invalid evidence and exclude them from the list of evidence;

5) recognition of materials excluded from the list of evidence by the court of First Instance as admissible evidence and their study;

6) investigate the circumstances related to the civil claim and make a decision on the civil claim;

7) perform other actions necessary to ensure a complete, comprehensive and objective study of all the materials of the case and to establish the truth in the case.

2.if there are unclear circumstances in the testimony of a convicted (acquitted) person, victims, witnesses, other persons recorded in the minutes of the court session, which allow for different understanding, the court, on its own initiative or at the request of the parties, has the right to clarify their testimony at the court session by interrogating them on these circumstances.

3.when concluding a procedural agreement or agreement on the achievement of reconciliation in a court of first instance, including in a mediation procedure, the court of Appeal examines the circumstances of their conclusion.

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

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Republic of Kazakhstan

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