Comment to article 310. Criminal cases under the jurisdiction of the regional and equivalent courts The Criminal Procedure Code of the Republic of Kazakhstan
1 The regional and equivalent court acts as a court of appeal and cassation instances.
2 On appeal, the regional and equivalent courts consider cases on appeal (private) complaints, protests against sentences and resolutions of district and equivalent courts, specialized inter-district courts for minors, as well as specialized inter-district courts for criminal cases that have not entered into force.
3 In the cassation procedure, the regional and equivalent courts consider cases on cassation (private) complaints, protests against judgments and decisions of the courts of first instance that have entered into force, after their consideration in the appellate instance, as well as verdicts and decisions of the appellate instance.
4 At the pre-trial stage of the criminal process, regional and equivalent courts consider complaints and protests against the decisions of the investigating judge.
5. At the stage of execution of the sentence, regional and equivalent courts on appeal consider private complaints and protests against the decisions of the courts of first instance issued during the consideration of issues specified in Articles 475 and 476 of this Code.
In the cases provided for by this Code, regional and equivalent courts shall consider petitions for the initiation of proceedings on newly discovered circumstances in cases referred to their jurisdiction.
1. The regional and equivalent courts have great powers to consider criminal cases. According to the law, the regional court is a court of appeal and cassation instance.
The regional and equivalent courts consider cases on appeals (private) complaints, protests against sentences and resolutions of district and equivalent courts that have not entered into force, specialized inter-district juvenile courts (art. 307 of the CPC RK), as well as specialized inter-district criminal courts (art. 308 of the CPC RK).
The regional and equivalent court hears cases on cassation (private) complaints, protests against judgments and decisions of the courts of first instance that have entered into force, after their consideration in the appellate instance, as well as against verdicts and decisions of the appellate instance.
In addition, regional and equivalent courts on appeal consider private complaints arising in the course of a pre-trial investigation, protests against the decisions of the investigating judge made during the consideration of complaints against the actions and decisions of the criminal prosecution body, when considering issues of authorizing procedural investigative actions provided for by this Code, and other issues.
At the stage of execution of the sentence, regional and equivalent courts on appeal consider private complaints and protests against the decisions of the courts of first instance issued during the consideration of issues specified in Articles 475 and 476 of this Code. In particular, the issues of postponement of the execution of the sentence, as well as issues to be considered by the court that arise during the execution of the sentence.
It is the regional and equivalent courts in criminal cases referred to their jurisdiction that review judicial acts in order to reopen the case due to newly discovered circumstances.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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