Comment to article 419. The procedure for restoring the time limit for filing an appeal (private) complaint, protest The Criminal Procedure Code of the Republic of Kazakhstan

If the deadline for filing an appeal (private) complaint or protest is missed, persons who have the right to file a complaint or protest may petition the court that issued the verdict or resolution to restore the missed deadline. A motion for reinstatement of the time limit is considered at a court hearing by the judge who presided over the main trial of the case, and if he is absent for a long time (at least five days) by another judge of the same court, who has the right to summon the person who initiated the petition to give explanations.

The judge's decision to refuse to restore the missed time limit may be appealed or protested to the relevant regional or equivalent court, which has the right to restore the missed time limit and consider the case on the complaint or protest in compliance with the requirements set out in Article 420 and part two of Article 421 of this Code. Participants in the process who disagree with the court's decision to restore the missed deadline for filing an appeal, protest, before the start or at a meeting of the appellate instance have the right to submit their arguments and petition for the cancellation of this decision. If such a request is granted, the appellate instance, by its decision, leaves the appeal or protest without consideration.

The court specified in the first part of this article is obliged to restore the missed deadline for filing an appeal (private) complaint, bringing a protest in case of violation of the law that restricts the participant in the process from defending his rights and legitimate interests (late production of the minutes of the court session, handing over a copy of the judicial act to a person participating in the case who does not speak the language of the proceedings, without translation, inaccuracy of the indication of the time limit for appeal in the operative part of the judicial act), as well as the presence of other circumstances, which objectively prevented him from filing a complaint or protesting in a timely manner.

The decision of the judge of the appellate instance on the restoration of the missed time limit, together with the complaint, protest and other materials, is immediately sent to the court that issued the verdict, resolution, in order to perform the actions provided for in Articles 420 and 421 of this Code.

1. Some of the valid reasons that did not allow a participant in the process to file a complaint or protest against the court verdict on time are quite rare and, mainly, violation of the deadline for filing a complaint, protest lies in not explaining, incomplete or incorrect explanation of the right of appeal to the participants in the process.

2. The application for reinstatement of the time limit for filing a complaint or protest is the right of the party and the duty of the court of first instance in all cases of its receipt to consider at a court hearing. The reasons for the late filing of a complaint or protest may be given by the party in the petition or additionally when summoned to a court hearing on the matter.

When restoring a missed deadline, the rules of Articles 420 and Part 2 of Article 421 of the CPC apply, and its limits should not exceed the time limit established by Article 418 of the CPC.

3. It is very noteworthy that Part three directly obliges the court of first instance to restore the missed deadline for filing appeals (private) complaints, protests in case of violation by the court of the requirements of the law, which limited the ability of the participant in the process to properly protect their rights and interests, including in the presence of other circumstances that objectively created obstacles to filing a complaint or protesting (family circumstances, insurmountable obstacles), If this period is restored by the appellate instance when considering a complaint or protest against the decision of the court of first instance to refuse to restore the period, then all materials related to this issue are sent to the court of first instance to comply with the requirements of Articles 420, 421 of the CPC.

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

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