Comment to article 421. Consequences of filing an appeal (private) complaint and bringing a protest The Criminal Procedure Code of the Republic of Kazakhstan

The filing of an appeal (private) complaint and the filing of a protest suspend the entry into force of the verdict, the decision, except for the decision on the measure of restraint, and its enforcement.

The court of first instance, no later than one day after the expiration of the time limit set for appealing, challenging the verdict, resolution and fulfilling the requirements of Article 420 of this Code, shall forward to the appellate instance of the relevant court the case with the complaints received, the protest, the documents attached to it, as well as objections to them.

After the expiration of the time limit for appeal and appeal of the verdict, if a corresponding complaint or protest is filed within this period, the sentence will not be carried out until the court of appeal makes a decision on the merits of the case, except for the decision on the measure of restraint.

The mandatory actions of the court of first instance after the expiration of the period of appeal and protest also include notifying the parties of the place and time of consideration of the case in the court of appeal. If the expiration of the term for appealing and protesting the verdict falls on a non-working day (weekend, holiday, then the last day of the term is considered to be the first working day following it.

3. Complaints by the legal representatives of juvenile convicts or victims who have reached the age of eighteen by the time the case is considered by the appellate instance, filed during their participation in the case, are subject to consideration on appeal, despite the termination of the functions of legal representatives on appeal").

4. Modification or addition of new arguments to the filed complaint and the brought protest may take place during the period of appeal, protest and, in any case, before the beginning of the session of the court of appeal. The prosecution has the right to raise the issue of worsening the situation of the convicted person only if: a) such a requirement was not contained in the initial complaint or protest; b) if an additional complaint or protest is filed within the time limit of the appeal. Upon expiration of the time limit for appeal, the prosecution has the right to file a claim for the deterioration of the convict's situation with new motives only if such a claim was contained in the initial protest or complaint.

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

Code of Criminal Procedure, Criminal Code, Comments to the Code of Criminal Procedure, Normative resolution of the Supreme Court, Criminal legislation, Normative legal acts of the Republic of Kazakhstan

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