Article 435. Inconsistency of the court's conclusions set out in the verdict, resolution, factual circumstances of the case CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. A verdict or resolution shall be deemed inconsistent with the factual circumstances of the case if:
1) the conclusions of the court are not supported by the evidence examined at the court session;
2) the court did not take into account the circumstances that could significantly affect the conclusions of the court;
3) there is contradictory evidence that is essential to the court's conclusions, and the verdict or ruling does not specify on what grounds the court accepted one of these proofs and rejected the others.;
4) the conclusions of the court set out in the verdict or resolution contain significant contradictions that influenced or could have influenced the resolution of the case, including the court's decision on the guilt or innocence of the convicted, acquitted, the correctness of the application of criminal law or the determination of the penalty.
2. Having considered the case materials, the evidence presented by the parties and obtained during the appeal hearing of the case, the court has the right to re-evaluate them and make a new decision provided for in the first part of Article 431 of this Code.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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