Article 502. Procedure for initiating proceedings on newly discovered circumstances CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The right to request the initiation of proceedings on newly discovered circumstances belongs to the convicted, acquitted, victim or their legal representatives and defenders, as well as the prosecutor.

     2. The reasons for initiating proceedings on newly discovered circumstances are statements from citizens, including participants in the process in this case, reports from officials of organizations, as well as data obtained during the investigation and consideration of other criminal cases.

     3. Petitions on the grounds provided for in paragraphs 1), 2), 3), 5), 6) and 7) of the second part of Article 499 of this Code, are brought to the court that passed the verdict, the decision.

     4. Statements and reports on the initiation of proceedings on newly discovered circumstances provided for in paragraph 4) of the second part of Article 499 of this Code, submitted to the prosecutor.

     Based on the results of the examination of the application, the prosecutor, having seen the existence of the circumstances provided for in paragraph 4) of the second part of Article 499 of this Code, organizes an inspection, investigation, or refuses to satisfy the application or message.

     The prosecutor's response to the refusal to satisfy the application or the notification of the initiation of proceedings on newly discovered circumstances shall be sent to the applicant within three days, explaining to him the right to appeal the decision to a higher prosecutor or to a court in accordance with the procedure provided for in Article 106 of this Code.

     During the investigation of newly discovered circumstances, interrogations, inspections, examinations, seizures and other investigative actions may be carried out in compliance with the rules of this Code.

     5. When other circumstances unknown to the court at the time of sentencing are established by verification or investigation, 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 the one for which he was convicted, or the guilt of the acquitted person or person, in relation to If the case has been dismissed by the court, the prosecutor submits a resolution to the court that passed the verdict., a petition for the initiation of proceedings on newly discovered circumstances with the attachment of a criminal case and materials of verification or investigation.

President    

Republic of Kazakhstan     

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