Article 507. Review of court decisions and proceedings after the cancellation of court decisions of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 507. Review of court decisions and proceedings after the cancellation of court decisions of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. Complaints, petitions of the prosecutor, and protests against rulings of the court of first instance and the appellate instances, issued following consideration of a petition to initiate proceedings on newly discovered circumstances, may be filed by the persons specified in the first part of Article 502 of this Code with the relevant higher court within fifteen days from the date of issuance.

2. The consideration of complaints, petitions of the prosecutor, and protests against these decisions by a higher court is carried out in accordance with the procedure provided for the consideration of appeals, cassation complaints, prosecutor's petitions, and protests. The decision of a higher court to leave unchanged, cancel or amend the appealed decision is final and is not subject to further appeal, review at the request of the prosecutor.

The rules provided for in Articles 490 and 491 of this Code do not apply to complaints and protests against decisions of the court of appeal and they are considered directly by the court of cassation. - Excluded by the Law of the Republic of Kazakhstan.

3. The investigation and judicial proceedings in a case after the annulment of court decisions on it due to newly discovered circumstances shall be conducted in accordance with the general procedure established by this Code.

If a request for review of a judicial act that has entered into legal force is granted, decided with the participation of jurors on newly discovered circumstances, with the case being referred for a new hearing from the preliminary hearing stage, the court, upon a new hearing of the case, conducts a preliminary hearing of the case and, depending on the will of the defendant, decides on a new hearing of the case with the participation of jurors or without their participation. If the judicial act is annulled and sent for a new judicial review from the stage of the main trial, the court appoints the main trial, forms a new panel of jurors and examines the case in accordance with the provisions of Chapter 65 of this Code.

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