Article 490. Preliminary consideration of a petition for the revision of judicial acts of the CPC of the Republic of Kazakhstan that have entered into force. The Criminal Procedure Code of the Republic of Kazakhstan is excluded by the Law of the Republic of Kazakhstan.
IZPI's note! Cm. Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 05/16/2023 No. 13.
1. A petition for review of a judicial act is examined by a judge of the cassation instance, who resolves the following issues within a period of no more than ten days:
1) on the existence or absence of grounds for the return of the petition on the grounds provided for in the first part of Article 489 of this Code;
2) on the existence or absence of grounds for requesting a court case.
3) the date of the preliminary examination of the petition with the summons of the parties.
IZPI's note! Cm. Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 05/16/2023 No. 13.
2. The petition must be considered within thirty days from the date of its receipt by the court of cassation instance, and in case of claim of the case – within thirty days from the date of receipt of the case. Petitions of several persons referred to in Article 486 of this Code filed in the same case may be combined and considered together. Due to the complexity or large volume of the case, as well as other valid reasons, this period may be extended by a decision of the court of cassation, but each time for no more than one month.
3. Prior to the preliminary consideration of the petition, the judge has the right to instruct the relevant specialists to prepare a scientific opinion on the norms of the laws applied in the criminal case under consideration. If necessary, experts can provide explanations at a meeting of the cassation judicial board.
3-1. The preliminary examination of a petition for the revision of judicial acts that have entered into force is carried out by three judges in an open court session with the invitation of the parties, whose non-appearance does not interfere with the consideration of the petition.
3-2. During the preliminary examination of the petition, the judges shall verify both the arguments of the petition and the existence of the grounds provided for in the second part of Article 485 of this Code.
4. The rules provided for in Articles 490 and 491 of this Code do not apply to the protest of the Prosecutor General of the Republic of Kazakhstan, the submission of the chairman of the regional court submitted in accordance with part three of Article 446 of this Code, as well as petitions of persons serving life imprisonment or their defenders, and they are considered by the court of cassation instance directly.
The footnote. Article 490 as amended by the Law of the Republic of Kazakhstan dated 31.10.2015 No. 378-V (effective from 01.01.2016); as amended by the Laws of the Republic of Kazakhstan dated 29.12.2021 No. 89-VII (effective after ten calendar days after the date of its first official publication); dated 27.12.2021 No. 88-VII (effective from 07/01/2022).
President
Republic of Kazakhstan
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