Article 499. Grounds for resuming criminal proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. A sentence or court decision that has entered into legal force, including one issued in accordance with the procedure provided for in Chapter 71 of this Code, may be annulled and proceedings on a criminal case or a petition for confiscation in accordance with the procedure provided for in Chapter 71 of this Code may be resumed due to newly discovered circumstances.

     2. The grounds for resuming proceedings under newly discovered circumstances are:

     1) the deliberate falsity of the testimony of the victim or witness, the expert's opinion, as well as the falsification of material evidence, protocols of investigative and judicial actions and other documents, or the deliberate inaccuracy of translation established by a court verdict that has entered into legal force, resulting in the decision of an illegal or unjustified verdict or resolution;

     2) the criminal actions of an inquirer, investigator or prosecutor established by a court verdict that has entered into legal force, resulting in an unlawful and unjustified verdict, resolution;

     3) the criminal actions of judges, established by a court verdict that has entered into legal force, committed by them during the consideration of this case;

     4) other circumstances established by the inspection or investigation in accordance with the procedure provided for in Article 502 of this Code, and other circumstances set forth in the prosecutor's petition, unknown to the court at the time of sentencing, decisions that, by themselves or together with previously established circumstances, indicate the innocence of the convicted person or the commission of a criminal offense other in severity than that for which which he was convicted of, or about the guilt of the acquitted person or the person against whom the case was dismissed;

     5) recognition by the Constitutional Court of the Republic of Kazakhstan as unconstitutional of a law or other normative legal act that was applied by the court when issuing a judicial act;

     6) exemption from criminal liability for a crime that served as the basis for confiscation in accordance with the procedure provided for in Chapter 71 of this Code, on the basis of a court acquittal that has entered into legal force or a decision to terminate criminal prosecution for the absence of an event or corpus delicti, or partial or complete non-application of confiscation of property in the verdict of the court that considered the case on the merits;

     7) the expression of the will of the convicted person, in respect of whom the case was considered in accordance with the procedure established by paragraph 2) of the second part of Article 335 of this Code, in the event of his appearance before the body conducting the criminal proceedings.

     3. The circumstances listed in paragraphs 1), 2) and 3) of part two of this Article may be established, in addition to a verdict, by a decision of a court, prosecutor, investigator or inquirer to terminate a criminal case after the expiration of the statute of limitations, as a result of an act of amnesty, in connection with the death of the accused or the failure to reach the age for criminal prosecution. responsibility.

President    

Republic of Kazakhstan     

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