Comment to article 102. Time limits for filing complaints The Criminal Procedure Code of the Republic of Kazakhstan
1 Complaints against the actions and decisions of the inquirer, the body of inquiry, the investigator, the prosecutor, the judge or the court may be filed during the entire pre-trial investigation and judicial proceedings.
2 Complaints against the decision to terminate a criminal case at the pre-trial stage may be filed within one year from the date of the relevant decision of the criminal prosecution body or its approval by the prosecutor. Complaints against judicial acts decided by the courts of the first, appellate or cassation instances shall be filed within the time limits established by this Code.
1. Any procedural decision or action of the body conducting the criminal proceedings may be appealed during the entire proceedings and at any stage of the criminal proceedings. Decisions and actions of the investigator or inquirer may be appealed to their leadership, the prosecutor, to the court; decisions and actions of the prosecutor to a higher prosecutor, to the court; decisions and actions of the court to a higher court.
During the year, the decision of the inquirer or investigator to terminate the criminal case is appealed to the prosecutor or to a higher prosecutor, if the termination of the case was made with the consent of the lower prosecutor. The prosecutor's refusal to satisfy a complaint filed in connection with the termination of a criminal case may be appealed to a court.
2. Appeals against the verdict of the court of first instance may be filed on appeal within fifteen days from the date of the proclamation, and convicted persons in custody — within the same period from the date of handing him a copy of the verdict. Appeals against decisions of the court of first instance are regulated by the CPC. The time limits for appealing court decisions that have entered into force are established by law. For example, a supervisory appeal against a court decision to terminate a case, a conviction based on the need to apply the law on a more serious crime, for leniency of punishment or on other grounds that worsen the situation of the convicted person, as well as an acquittal or court decision to terminate the case are allowed within a year after their entry into force.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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