Article 504. Procedure for consideration by the court of petitions to initiate proceedings on newly discovered circumstances CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. Upon receipt by the court of a petition to initiate proceedings on newly discovered circumstances, the judge shall, within ten days, verify the compliance of the petition with the requirements of Article 499 of this Code and make one of the following decisions:
1) issues a resolution on the acceptance of the petition for court proceedings and the resumption of proceedings on newly discovered circumstances;
2) returns the petition without consideration if it does not comply with the requirements of Article 499 of this Code and judicial or other acts confirming the grounds provided for in paragraphs 1), 2), 3), 5), 6) and 7) the second part of Article 499 of this Code, if it concerns court decisions which are not subject to revision due to newly discovered circumstances in accordance with Article 500 of this Code, or filed by the same party on the same grounds on which a decision has already been taken to refuse its satisfaction.
In the court of cassation instance, as well as in the court of appeal, if the case was considered collectively, the compliance of the petition with the requirements of Article 499 of this Code is checked solely by a judge of the relevant court.
The prosecutor's motion to initiate proceedings on newly discovered circumstances is considered by the court directly.
2. 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.
3. A petition on which there is a judge's decision to resume proceedings on newly discovered circumstances is subject to consideration by the court in an open court session no later than thirty days from the date of resumption of proceedings or receipt of the prosecutor's petition.
4. A petition for the resumption of proceedings on newly discovered circumstances is considered solely by the judge of the court of first instance, who issued the verdict, resolution. If the case has been ruled by the courts of appeal or cassation, the judicial decisions are reviewed.:
1) by the court of appeal – individually, if the case is considered by the court of appeal alone, and collectively, if the case is considered collectively;
2) by the court of cassation instance – collectively.
5. The court session is attended by the applicant, his representative, defense counsel, prosecutor, other participants in the process and persons summoned to the court session. The non-appearance of these persons, duly notified of the time and place of the trial, does not prevent the consideration of the petition. If necessary, the court has the right to oblige them, as well as other persons, to appear at the court session. Participation in the trial of a convicted person in custody may be ensured using scientific and technical means via video communication.
6. After considering the challenges and petitions, the applicant is the first to speak at the court session, who sets out a petition on the grounds for reviewing the judicial act based on newly discovered circumstances, or the prosecutor, when applying to the court with a corresponding petition, then the court hears the speeches of other persons who appeared at the court session, examines the materials submitted by the applicant, the prosecutor based on the results of the conducted inspections. or investigations.
President
Republic of Kazakhstan
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