Article 491. Decisions taken based on the results of preliminary consideration of the petition of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan - Excluded by the Law of the Republic of Kazakhstan.
1. Based on the results of the preliminary consideration of the petition, the judges make a decision:";
1) to transfer the petition with the case for consideration at a court session of the cassation instance if there are grounds for reviewing judicial acts.;
2) the refusal to transfer the petition for consideration at a court session of the cassation instance due to the lack of grounds for reviewing judicial acts;
3) to return the petition on the grounds specified in paragraphs 3) and 4) of the first part of Article 489 of this Code.
2. The decision issued by the judges based on the results of the preliminary consideration of the petition must specify:
1) date and place of pronouncement;
2) the names and initials of the judges who reviewed the petition;
3) the case in which the decision was made, indicating the contested judicial act;
4) last name, first name, patronymic (if it is indicated in the identity document) of the person who submitted the application;
5) the arguments given in the petition;
6) the motives of the adopted procedural decision;
7) conclusions based on the results of consideration of the petition.
3. If there are grounds for reviewing judicial acts, the resolution, the petition and the documents attached to it, together with the case, are transferred to the court of cassation instance no later than five days from the date of preliminary consideration.
4. A copy of the resolution issued based on the results of the preliminary examination of the petition shall be sent to the person who submitted the petition. If the application is returned, the documents attached to it must be returned.
IZPI's note! Cm. Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 05/16/2023 No. 13.
5. A decision made based on the results of a preliminary examination of an application is not subject to appeal, however, it does not prevent the filing of a second application by the same person or other persons specified in Article 486 of this Code, but on different grounds.
The footnote. Article 491 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 Law of the Republic of Kazakhstan dated 27.12.2021 No. 88-VII (effective from 01.07.2022).
President
Republic of Kazakhstan
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