Article 629-4. Procedure and term of judicial proceedings in writ proceedings of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. A judge, within a period of up to three days from the date of receipt of the case to the court with a decision on the application of writ proceedings, shall consider the case on the basis of the submitted materials individually without holding a court session.
Based on the results of the consideration of the case by writ, the judge makes one of the following reasoned decisions:
1) excluded by the Law of the Republic of Kazakhstan dated 12/19/2020 No. 384-VI (effective ten calendar days after the date of its first official publication);
2) a resolution on the return of the case to the prosecutor, if there are no grounds for the application of writ proceedings provided for in the second part of Article 629-1 of this Code.;
3) a resolution on the termination of proceedings in a criminal case, if there are grounds provided for in Articles 35 and 36 of this Code.;
4) a guilty verdict in the order proceedings;
5) excluded by the Law of the Republic of Kazakhstan dated 12/19/2020 No. 384-VI (effective ten calendar days after the date of its first official publication);
6) a decision to return the criminal case to the prosecutor if the court concludes that it is necessary to impose a criminal penalty other than a fine on the defendant.
2. The decision to return the criminal case to the prosecutor cannot be appealed or reviewed at the request of the prosecutor.
President
Republic of Kazakhstan
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