Comment to article 418. Time limits for appeals and appeals against sentences (rulings) The Criminal Procedure Code of the Republic of Kazakhstan
Appeals (private) complaints, protests may be filed within fifteen days from the date of the announcement of the verdict, resolution, and convicted persons in custody – within the same period from the date of handing him a copy of the verdict, resolution.
The case may not be claimed from the court of first instance within the time limit set for appealing a judicial act.
An appeal (private) complaint or protest filed with a missed deadline, in the absence of a motion for its restoration by a court ruling that passed a verdict or resolution, is returned to the author with an indication of this reason. If, after the court of first instance accepts the complaint or protest, the missed deadline for filing them is revealed in the appellate instance, the judge of the appellate instance leaves them without consideration by his decision.
1. The verdict (resolution) is considered to have been passed from the date of its proclamation or announcement. In addition to an oral explanation to the parties presiding over the case of the procedure and time limit for appealing and protesting the verdict, these provisions are reflected in its operative part. The guarantee of the observance of the right of a convicted person in custody to appeal against judicial acts that have taken place in the case is the establishment of the beginning of the calculation of the time limit for appeal immediately from the moment of handing him a copy of the verdict, resolution. 2. The claim of a case from the court of first instance may take place only when the verdict enters into legal force for its consideration or verification by way of supervision and if the parties to the proceedings do not appeal or protest the verdict in the case.
3. Part Three of this provision of the law grants the court of first instance the right to return an appeal (private) complaint or protest to its authors by issuing a separate ruling in the event of a missed procedural period established by Part one, indicating this ground. Since, in the future, it is possible for the court to restore the time limit for appeal and protest missed by the participant in the process, it also seems necessary to reflect in the resolution on the return of filed complaints, protests and other identified shortcomings regarding the requirements of art. 423 CPC, which will allow for a more expeditious consideration of the case without unnecessary red tape and manifestations of bureaucracy. At the same time, the logic of the legal provision is determined that if a complaint or protest is accepted by the court of first instance and the time limit for appeal or protest is missed in the appellate instance, the judge of this link of the judicial system has the right to dismiss such complaints or protests by his decision.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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