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Home / RLA / Article 501. Terms of resumption of proceedings of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Article 501. Terms of resumption of proceedings of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 501. Terms of resumption of proceedings of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. There is no time limit for the review of a guilty verdict or a decision on confiscation of property before the court's verdict is handed down due to newly discovered circumstances in favor of a convicted person who has been acquitted.

     2. The death of a convicted person is not an obstacle to the resumption of proceedings under newly discovered circumstances for rehabilitation purposes.

     3. A review of an acquittal, a decision to terminate a case, as well as a review of a conviction on grounds that worsen the situation of the convicted person, are allowed only during the limitation period for criminal prosecution and no later than one year from the date of discovery of new circumstances.

     4. The day of the discovery of new circumstances is considered:

     1) the date of entry into force of the verdict or resolution in respect of persons guilty of giving false testimony, presenting false evidence, incorrect translation or criminal acts committed during the investigation or consideration of the case, in the cases provided for in paragraphs 1), 2) and 3) of the second part of Article 499 of this Code.;

     2) the date of the adoption of the final decision of the Constitutional Court of the Republic of Kazakhstan on the recognition of unconstitutional law or other normative legal act in the case specified in paragraph 5) of the second part of Article 499 of this Code;

     3) the date on which the prosecutor submits to the court a motion to initiate proceedings on newly discovered circumstances based on the results of an inspection or investigation in accordance with paragraph 4) of the second part of Article 499 of this Code.

 

 

 

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Republic of Kazakhstan     

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