Article 488. The procedure for filing a cassation appeal, a protest on the review of a verdict, court decisions that have entered into force CPC RK Code of Criminal Procedure of the Republic of Kazakhstan

     1. A cassation appeal or a protest on the revision of judicial acts that have entered into legal force shall be submitted in writing or in the form of an electronic document to the Cassation Court of the Republic of Kazakhstan. In addition to the circumstances listed in Article 423 of this Code, the cassation appeal or protest must indicate which violations of the law were committed in the course of the proceedings and how these violations affected the court decisions, and which of those listed in Article 485 of this Code have grounds for reviewing the contested judicial act. The application must indicate that they are being considered with or without the participation of the persons who submitted them.

     1-1. A petition for review of judicial acts provided for in the first part of Article 484 of this Code shall be submitted to the Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan.- Excluded by the Law of the Republic of Kazakhstan.

     2. The cassation complaint or protest must be accompanied by materials confirming the validity of the arguments of the cassation complaint or protest.

     3. A cassation appeal against judgments that have entered into legal force, court rulings addressed to other state bodies or public organizations, may not be accepted for consideration by the cassation court.

     4. The filing of a cassation appeal or protest on the revision of judicial acts that have entered into legal force does not suspend their execution, except in the cases provided for in Article 493 of this Code.

     5. A person who has filed a cassation complaint or protest has the right to amend or supplement his cassation complaint or protest with new arguments before the start of the court session. At the same time, an additional protest by the prosecutor or his statement on the amendment of the protest, as well as an additional cassation appeal by the victim, private prosecutor or representatives filed after the expiration of the time limit for appealing the verdict established by the second part of Article 487 of this Code, may not raise the issue of worsening the situation of the convicted person, if such a requirement was not contained in the initial protest, the cassation appeal.

     6. A cassation appeal or protest may be withdrawn by the person who filed them before the case is considered in the cassation instance. The convicted person has the right to withdraw a cassation appeal filed in his interests by his lawyer or legal representative.

President    

Republic of Kazakhstan     

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