Article 505. Court decision issued following the consideration of a petition for the revision of judicial acts on newly discovered circumstances CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Based on the results of consideration of petitions for the revision of judicial acts on newly discovered circumstances, the court issues one of the following decisions on:

     1) satisfaction of the petition;

     2) abandonment of the petition without satisfaction.

     2. The court shall rule on the satisfaction of the petition if, during its consideration, the circumstances provided for in the second part of Article 499 of this Code are established, and they preceded or entailed the imposition of an illegal or unjustified sentence or court order. In such cases, the court in its decision indicates the cancellation of the relevant judicial act that has entered into force and the referral of the case for a new investigation or consideration. If a new investigation or judicial review is not required, the court shall terminate the proceedings with an indication of the grounds for termination.

     Upon satisfaction of the request for revision of the decision on confiscation of property due to newly discovered circumstances, the court cancels the said decision.

     3. The court shall dismiss a request for review of a judicial act that has entered into legal force if the circumstances indicated therein have not been confirmed or if they occurred but did not affect the legality and validity of the verdict or resolution.

     4. A court decision issued following the consideration of a petition to institute proceedings on a case based on newly discovered circumstances shall be announced upon the court's exit from the conference room, brought to the attention of interested persons who were not present, explaining the procedure for appealing it, reviewing it at the request of the prosecutor, and protesting. A copy of the resolution is sent to the prosecutor and the person who filed the petition. A copy of the resolution is sent to other interested persons upon their request.

     5. Decisions of the court of the first instance, of the appellate instances, issued following the consideration of a petition to initiate proceedings on newly discovered circumstances, shall enter into force fifteen days after their issuance, and if they were appealed and upheld by a higher court, then on the day of the decision by a higher court.

     The decision issued by the Court of cassation, as well as the decision of the court of appeal to leave unchanged, cancel or amend the appealed decision of the court of first instance, are final and are not subject to further appeal or appeal.

President    

Republic of Kazakhstan     

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