Article 673. The procedure for the application of certain provisions of this Code of the Criminal Procedure Code of the Republic of Kazakhstan

     1. According to statements and reports of crimes received by the criminal prosecution authorities before the entry into force of this Code and for which no decision has been taken to initiate criminal proceedings or refuse to initiate criminal proceedings, a pre-trial investigation shall be conducted in accordance with the procedure established by this Code.

     2. The provisions of Article 173 of this Code on the Compensation Fund for Victims shall enter into force from the date of entry into force of the laws of the Republic of Kazakhstan "On the Compensation Fund for Victims" and "On Amendments and Additions to certain legislative acts of the Republic of Kazakhstan on the Compensation Fund for Victims" and in accordance with them.

     3. The provisions of Chapter 71 of this Code on the procedure for conducting proceedings on the confiscation of property obtained illegally, prior to sentencing, shall enter into force on January 1, 2018.

     4. The maintenance of operational accounting files, which, as of the date of entry into force of this Code, are in the production of units engaged in operational investigative activities, continues. If there are appropriate grounds, such case materials of operational accounting are transferred to the pre-trial investigation bodies for the start of a pre-trial investigation in accordance with the procedure established by this Code, taking into account the jurisdiction.

     5. Criminal cases that, on the day of the entry into force of this Code, are in the proceedings of the criminal prosecution authorities, remain in the proceedings of these authorities until the end of the investigation, regardless of the change in their jurisdiction in accordance with this Code.

     6. Operational search measures, investigative and procedural actions initiated before the date of the entry into force of this Code shall be completed in accordance with the procedure in force before its entry into force. After the entry into force of this Code, operational search measures, investigative and procedural actions are carried out in accordance with The Law of the Republic of Kazakhstan "On operational investigative activities" and the provisions of this Code.

     7. The admissibility of evidence obtained prior to the entry into force of this Code shall be determined in accordance with the procedure in force prior to its entry into force.

     8. Preventive measures, seizure of property, and dismissal from office applied during an inquiry and preliminary investigation prior to the date of entry into force of this Code shall remain in effect until they are amended, canceled, or terminated in accordance with the procedure provided for by this Code.

     8-1. Proceedings on a suspended criminal case, the decision on suspension of which was taken before the entry into force of this Code, shall be resumed in accordance with the procedure in force before the entry into force of this Code.

     A pre-trial investigation into them may be conducted no more than one month from the date of the case's acceptance into proceedings. A further extension of the term of the pre-trial investigation is carried out on the general grounds provided for by this Code.

     9. Criminal cases that, on the day of the entry into force of this Code, have not been sent to court with an indictment, a protocol of prosecution, a protocol of simplified pre-trial proceedings, as well as for the application of compulsory medical measures, shall be investigated and sent to court and considered by courts of first instance, appeal and cassation instances in accordance with the provisions of this Code.

     10. Criminal cases that, prior to the date of entry into force of this Code, were submitted to the court with an indictment, a protocol of accusation, a protocol of simplified pre-trial proceedings, as well as for the application of compulsory medical measures, are considered by the courts of the first, appellate, cassation and supervisory instances in accordance with the procedure in force before the entry into force of this Code.

     11. The investigation of criminal cases provided for in part nine of this article, in the event that such criminal cases are returned by the court to the prosecutor for additional investigation, shall be conducted in accordance with the procedure provided for by this Code.

     12. Judicial acts that were adopted by the court of first instance and did not enter into force on the day of the entry into force of this Code may be appealed on appeal and within the time limits that were in force before the entry into force of this Code.

     13. Unsanctioned judicial acts that were adopted by the court of first instance and did not enter into force on the day of the entry into force of this Code shall enter into force in accordance with the procedure in force before the entry into force of this Code.

     14. Appeals and cassation appeals, petitions for review of judicial acts by the Supreme Court of the Republic of Kazakhstan in criminal cases that were considered before the entry into force of this Code, or in cases whose consideration was not completed before the date of entry into force of this Code, shall be filed and considered in accordance with the procedure in force before the entry into force of this Code.

     15. Petitions for the resumption of criminal proceedings on newly discovered circumstances, submitted to the relevant prosecutors before the date of entry into force of this Code, shall be considered and submitted by them to the court in accordance with the procedure in force before the entry into force of this Code.

     Petitions for the resumption of criminal proceedings on newly discovered circumstances submitted to the court before the date of entry into force of this Code, as well as petitions submitted by prosecutors in accordance with the first paragraph of this paragraph after its entry into force, shall be considered by the relevant courts in accordance with the procedure in force before the entry into force of this Code.

     16. Judicial acts issued before January 1, 2016 may be appealed or protested in accordance with the procedure established by this Code.

     Judicial acts in cases provided for in the second part of Article 484 of this Code, issued before January 1, 2016, may be appealed or protested in the cassation instance of the Supreme Court of the Republic of Kazakhstan before July 1, 2016.

President    

Republic of Kazakhstan     

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