Comment to article 420. Notification of the filing of an appeal (private) complaint and protest The Criminal Procedure Code of the Republic of Kazakhstan

The court that issued the verdict or resolution notifies the convicted or acquitted person, his defense attorney, representative, prosecutor, victim and his representative, as well as the civil plaintiff, civil defendant or their representatives, if the complaint or protest affects their interests, of the filing of an appeal (private) complaint or protest.

Copies of the complaint or protest shall be sent to the persons specified in the first part of this article, explaining to them the right to file objections to them in writing, indicating the deadline for submission. The parties are also explained the right to submit their arguments on consent to the appealed, contested judicial act. The objections received to the complaint, protest, arguments of the parties are attached to the case, are subject to consideration in the appellate instance in aggregate.

The parties have the right, together with an objection to an appeal (private) complaint, protest, or separately submit new materials to the appellate instance or request their recovery and investigation, as well as to summon victims, witnesses, experts, and specialists to court and interrogate them.

1. The new version of the CPC includes the procedure for appealing not only a verdict, but also a court decision.

The notification of the participants in the process of filing a complaint and bringing a protest is carried out by the court that issued the verdict, the decision on the case in all cases and in writing. The civil plaintiff, civil defendant or their representatives are notified only if their legitimate interests are affected by the complaint or protest. At the same time, the parties can submit not only their objections to the complaints or protests received, but also arguments about their agreement with the contested judicial acts, which the court must clarify when sending a copy of the complaints or protests with a reasonable time frame. All documents received after this procedure in their entirety are attached to the case and are subject to review by the appellate instance.                    

2. Regarding the notification of the participants in the process, it should also be taken into account that in the event of a replacement of the defender after the issuance of the contested judicial act, the notification should be sent to the new defender who has re-entered the case. According to the content of the second part of Article 420 of the CPC, it would be correct to reflect the right of a participant in the process to send his objections and arguments for consent directly to the court of appeal when he is reliably aware of the receipt of the case to the court of appeal along with the complaints and protests received. This is necessary due to the fact that, in practice, a complaint or protest can often be filed on the last day of the entry into force of a judicial act and the criminal case must be sent to the court of appeal the next day. At the same time, if a deadline is given for filing an objection, the criminal case will not be sent to the appellate instance in a timely manner.

3. When filing complaints, protests, objections, the parties have the right to supplement them with new materials or to declare, within the framework of the official documents submitted by them, the summoning to the court of appeal of additional witnesses for the prosecution, defense, as well as experts, specialists who have given written opinions.

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

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