Article 485. Grounds for reviewing court sentences and decisions that have entered into legal force in Cassation procedure Criminal Procedure Code of the Republic of Kazakhstan

     1. judicial acts specified in part one of Article 484 of this code, which have entered into legal force, shall be subject to Cassation review in accordance with::

     1) to convict the innocent;

     2) to issue an unjustified acquittal or terminate the case;

     3) incorrect qualification of the convicted person's actions, incorrect determination of the type of recidivism of the crime and the institution of the Penal correction (penitentiary) system;

     4) deprive the victim of the right to judicial protection;

     5) improper assignment of punishment or inconsistency of the punishment imposed by the court with the severity of the criminal offense and the personality of the convicted person;

     6) incorrect resolution of a civil claim, incorrect resolution of the issue of confiscation of property;

     7) to issue a resolution in an illegal or unjustified manner when applying compulsory measures of a medical nature;

     7-1) illegal or unjustified issuance of a private resolution;

     8) improper application of criminal and criminal procedure laws, which led to a conflict of judicial acts, the submission of which is made to eliminate contradictions in the case provided for in part three of Article 446 of this code.

     2. grounds for Cassation review of judicial acts specified in part three of Article 484 of this code:

     1) a judicial act that affected state or public interests, national security of the state, or may entail irreparable serious consequences for the life and health of people;

     2) the person is serving life imprisonment;

     3) excluded by the law of the Republic of Kazakhstan dated 27.12.2021 No. 88-VII (effective from 01.07.2022) ;

     4) cases when a judicial act violates the uniformity of interpretation and application of legal norms by courts.

     3.excluded by the law of the Republic of Kazakhstan dated 29.12.2021 No. 89 – VII (entered into force on the expiration of ten calendar days after the date of its first official publication).

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

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