Comment to article 415. Judicial acts subject to review on appeal of the Criminal Procedure Code of the Republic of Kazakhstan

Verdicts of district and equivalent courts, specialized interdistrict criminal courts, specialized interdistrict military criminal courts, specialized interdistrict juvenile courts, and garrison military courts that have not entered into legal force are subject to appeal.

A private complaint or protest may be filed against decisions of the courts of first instance that have not entered into legal force, with the exception of those specified in part three of this article, in accordance with the procedure provided for in this chapter.

According to the rules of this chapter, decisions made during the trial on the issues specified in the second part of Article 10 of this Code, as well as those concerning the procedure and method of examining evidence, petitions of participants in the process, and maintaining order in the courtroom, except for decisions on the measure of restraint and the imposition of monetary penalties, are not subject to review. Objections to the above-mentioned rulings can be stated in appeals, protests brought against the verdict.

1. The first part of this article of the Criminal Procedure Law, in comparison with the wording of Part 1 of Article 396-1 of the current Code, has remained unchanged and contains a specific list of courts of first instance whose sentences are subject to appeal or appeal.      

In addition to the verdict of the court, during the preparation of the case for a court hearing and trial, the court issues a large number of different rulings that can be appealed and protested in the same way as the court verdict on appeal.

2. The list of court decisions that are not subject to appeal, that is, no private complaint is filed against them and no private protest is brought by the parties, is exhaustive. These include rulings on the issues specified in Part 2 of Article 10, as well as all court rulings that satisfy or reject petitions from participants in the process to take procedural actions or make procedural decisions to establish circumstances relevant to the case, as well as to ensure individual rights in criminal proceedings, and court orders to remove a person from the courtroom. court session in case of violation of the order in the main court proceedings, disobeying the orders of the presiding judge in the case, etc.        

By way of specification, it should be noted that the list of rulings that are not subject to appeal or appeal does not include rulings issued by the court on the measure of restraint and the imposition of monetary penalties.

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

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