Article 431. Decisions taken by the appellate instance of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. As a result of the consideration of the case on appeal, the court makes one of the following decisions on:
1) leaving the verdict, the decision of the court of first instance unchanged, and the appeal (private) complaint, the prosecutor's petition – without satisfaction;
2) changing the sentence;
3) cancellation of the verdict and termination of the case in full or in part;
4) the annulment of the conviction and the resolution of a new conviction or acquittal;
5) the annulment of the acquittal and the resolution of a new acquittal or conviction;
6) the annulment of the verdict passed with the participation of jurors and the referral of the case for a new judicial review;
7) amendment of the resolution, cancellation of the resolution with the adoption of a new resolution;
8) excluded by the Law of the Republic of Kazakhstan dated 03/27/2023 No. 216-VII (effective from 07/01/2023). 9) excluded by the Law of the Republic of Kazakhstan dated 03/27/2023 No. 216-VII (effective from 07/01/2023).
10) cancellation of the court's decision and referral of the case for a new hearing, if the case has not been considered on its merits.
2. The court of appeal has the right to make a decision that worsens the situation of the convicted (acquitted), only to the extent and on the grounds specified in the complaints, the petition of the prosecutor.
3. Upon establishing the circumstances specified in Article 405 of this Code, the court of appeal shall issue a private ruling.
President
Republic of Kazakhstan
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