Comment to article 422. Appeal, appeal against the decision of the court of first instance The Criminal Procedure Code of the Republic of Kazakhstan

A private complaint or protest may be filed against the decision of the court of first instance with the exceptions specified in part four of Article 344 of this Code by the persons specified in Article 414 of this Code.

A private complaint or protest against the decisions of the court of first instance is submitted to a higher court within fifteen days from the date of the decision and is considered according to the rules of appeal proceedings. In the case of filing a complaint or protest against a decision made during a trial that ended with a verdict, the case is sent to a higher court only after the expiration of the time limit set for appealing the verdict.

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. The right to file a complaint and protest against the decisions of the court of first instance belongs to the parties to the process and to persons whose interests may be affected by it.2. At the same time, the law distinguishes three procedures for holding an appeal court hearing on these issues.: a) if the final decision of the court of first instance is appealed, the session of the court of appeal is held after the expiration of the time limit for filing a complaint or protest against such a court decision, that is, fifteen days from the date of the decision being appealed.; b) when appealing or protesting against a court decision rendered during the main court proceedings in a case in which a court verdict was passed and unrelated to the court verdict, a review of the case may take place only after the expiration of the time limit set for appealing or protesting the verdict after it was passed; c) if appealed, the court decision is appealed, If the decision is made during the main trial in parallel with the verdict of the court, then all complaints and protests against the verdict and the decision are considered by the court of appeal at the same time. An example of the latter case may be a court ruling on the issue of publicity of the trial, adopted during a court session, which is not subject to separate appeal, but objections to it may be set out in appeals, protests filed against the verdict (decision) of the court, rendered on the merits (paragraph 12 of the normative resolution of the Supreme Court of On December 6, 2002, "On compliance with the principle of transparency of criminal proceedings"). The appeal and appeal of such rulings and their consideration by the court of appeal immediately after their issuance would significantly affect the efficiency of the proceedings in the judicial stages.

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: a) the court's decision to suspend the proceedings during the court session when the court appeals to the Constitutional Council with a proposal to recognize the normative legal act to be applied in this case as unconstitutional.; b) all court decisions that satisfy or reject the petitions of the participants in the process for the production of procedural actions or the adoption of procedural decisions to establish circumstances relevant to the case, as well as ensuring the rights of the individual in criminal proceedings (see: commentary to the norms of Article 102 of the CPC); c) a court decision on the removal of a person from the courtroom if he violates the order in the main court proceedings, disobeys the orders of the presiding judge in the case, etc. (see: commentary to the norms of part 1 of Article 327 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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