Article 439. Cancellation of the conviction with the termination of the case CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. When considering appeals and petitions of the prosecutor, the court of appeal shall overturn the verdict and terminate the case if there are grounds provided for in paragraphs 3) to 10) of the first part of Article 35 and the first part of Article 36 of this Code.

     2. Upon termination of the case on the grounds provided for in paragraph 9) of the first part of Article 35 of this Code, the court of appeal resolves the issues referred to in Article 520 of this Code and, in accordance with Article 521 of this Code, issues a resolution.

     3. The parties have the right to request the termination of the case in connection with the reconciliation of the convicted person with the victim. In such cases, the court of appeal verifies the existence and reliability of the circumstances indicated in the petitions. Upon establishing the grounds according to which the case is subject to termination or may be terminated due to reconciliation of the parties, the court issues a decision to overturn the verdict and terminate the case on the specified basis.

President    

Republic of Kazakhstan     

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