Comment to article 318. Settlement of disputes on jurisdiction The Criminal Procedure Code of the Republic of Kazakhstan

Disputes about jurisdiction between courts are resolved by a higher court, whose decision is final and cannot be appealed.

The statements of the parties about the jurisdiction of the case to this court are resolved by this court. A court decision issued on a matter of jurisdiction may be appealed to a higher court, whose decision is final and cannot be appealed.

Despite the fact that the decision of a higher court on the jurisdiction of a disputed criminal case is final, nevertheless, arguments about disagreement with the decision can be included in appeals, cassation or supervisory appeals.

The statements of the parties about the jurisdiction of a particular court are resolved by the judge when preparing the case for a hearing in a closed court session with the participation of the parties, with the issuance of an appropriate ruling, which can be appealed to a higher court before the start of the main trial and after the end of the court session in which the matter was considered in connection with the preparation of the case for the hearing.

A case sent by jurisdiction from one court to another according to the rules of Articles 315— 317 of the CPC must be accepted for trial by the court to which it was sent. Disputes about jurisdiction between courts are not allowed.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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