Article 446. Retrial of the case in the appellate instance of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 446. Retrial of the case in the appellate instance of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. A retrial of a case in an appellate instance without revocation of the first appeal verdict, a decision rendered during the verification of the legality of the verdict of the court of first instance, is allowed if:

1) appeals, a prosecutor's petition against certain convicts, complaints from other participants in the process entitled to appeal the verdict, and decisions filed within the prescribed period will be submitted to the court of appeal after consideration of the case based on complaints from other participants in the process.;

2) the missed time limit for appealing, bringing the prosecutor's petition, is restored by the court in accordance with the procedure provided for by this Code, after considering the case in the appellate instance on complaints from other participants in the process.

2. The court of appeal is obliged to consider the complaints of the convicted person, his defender or representative, and in cases where the case against this person was considered at the appeal request of the prosecutor, complaints from other participants in the process.

3. In the event that the newly passed sentence or resolution contradicts the earlier verdict or resolution of the appellate instance, the chairman of the regional court submits a submission on the elimination of the contradictions to the cassation instance.

President

Republic of Kazakhstan

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