Article 441. Cancellation of the verdict with the resolution of a new verdict of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. The court of appeal, in compliance with the requirements of Chapter 46 of this Code, has the right:

     1) to annul the guilty verdict and pass an acquittal if there are grounds provided for in paragraphs 1) and 2) of the first part of Article 35 of this Code.;

     2) upon the complaint or petition of the prosecutor, annul the acquittal and pronounce a guilty verdict;

     3) to cancel the guilty verdict and issue a new guilty verdict;

     4) to cancel the acquittal and to pass a new acquittal.

     2. When passing a new guilty verdict, the court of appeal has no right to go beyond the limits of the charge, as well as beyond the limits of the charge and the amount of punishment, which were supported by a public or private prosecutor during the main trial.

President    

Republic of Kazakhstan     

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