Article 662. Features of proceedings in the appellate instance of cases considered by the court with the participation of jurors CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. The court of appeal, when considering complaints, prosecutor's petitions against verdicts, and court decisions with the participation of jurors, verifies that the court that issued the verdict or resolution complies with the norms of criminal and criminal procedure law and, on the basis of this, verifies the legality, validity, and fairness of the verdict or resolution.
2. The grounds for annulment or amendment of court decisions by the appellate instance are:
1) unjustified exclusion from the proceedings of admissible evidence that may be essential to the outcome of the case;
2) unjustified refusal of a party to examine evidence that may be essential to the outcome of the case;
3) examination at a court hearing of factual data that is inadmissible as evidence, which influenced the outcome of the case;
4) a significant violation of the criminal procedure law provided for by this Code;
5) violations that influenced or could have influenced the decision of the judicial verdict, committed during:
formation of the jury panel;
discussing issues that are not subject to discussion in the presence of jurors;
formulation of issues to be resolved by the jury;
conducting court arguments;
3. The appellate instance has the right to apply the criminal law on a less serious crime to the convicted person and reduce the punishment in accordance with the modified qualification of the act or in connection with the incorrect application of the norms. General and Special parts The Criminal Code of the Republic of Kazakhstan when sentencing. At the same time, the appellate instance does not have the right to apply the criminal law on a more serious crime or to increase the imposed punishment.
4. An acquittal of a court with the participation of jurors may not be overturned by an appellate instance, except in cases of violations of the criminal procedure law that limited the right of the prosecutor, the victim or his representative to present evidence, as well as those provided for in paragraph 5) of the second part of this Article, including the unjustified exclusion of admissible evidence.
5. Excluded by the Law of the Republic of Kazakhstan dated 31.10.2015 No. 378-V (effective from 01.01.2016).
The footnote. Article 662 as amended by the Laws of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (effective from 01.01.2015); dated 31.10.2015 No. 378-V (effective from 01.01.2016); dated 11.07.2017 No. 91-VI (effective after ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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