Article 489. Return of the cassation appeal, protest without consideration of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 489. Return of the cassation appeal, protest without consideration of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

The footnote. The title of Article 489 is as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (effective from 07/01/2022).

1. A cassation appeal or a protest on the revision of judicial acts that have entered into legal force shall be returned to the persons who submitted them on the following grounds:

1) a cassation appeal or protest does not comply with the requirements of Article 488 of this Code;

2) a cassation appeal or protest has been filed by persons who, in accordance with Article 486 of this Code, do not have the right to appeal or protest against this judicial act that has entered into legal force.;

3) the cassation appeal or protest is filed after the expiration of the period specified in the second part of Article 487 of this Code.;

4) prior to the consideration of the cassation appeal, the protest on the merits was withdrawn.;

5) a cassation appeal has been filed against judicial acts that, in accordance with the second part of Article 484 of this Code, are not subject to cassation review.;

IZPI's note! Cm. Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 05/16/2023 No. 13.

6) there is a decision of the judge (judges) to refuse to transfer the petition with the case for consideration in the cassation instance on the same grounds that were previously considered, with the exception of the cases provided for in the third part of Article 484 of this Code. - Excluded by the Law of the Republic of Kazakhstan.

2. If the deficiencies specified in paragraphs 1) and 2) of the first part of this article are eliminated, which served as the basis for the return of petitions or protests, they may be filed again on general grounds.

3. The cassation appeal or protest shall be returned by letter within three days, with the exception of the cases provided for in paragraphs 3) and 4) of the first part of this Article.

President

Republic of Kazakhstan

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