Comment to article 451. Terms of consideration of the case in the cassation instance The Criminal Procedure Code of the Republic of Kazakhstan

The case must be considered no later than one month from the date of its receipt by the cassation instance. Due to the complexity or large volume of the case, as well as if there are other valid reasons, this period may be extended by a decision of the court considering the case, but each time for no more than one month.

1 A criminal case submitted to the cassation court must be considered based on a cassation complaint or protest no later than one month from the date of its receipt.

However, if necessary, due to the complexity or large volume of the case, as well as if there are other valid reasons, the above-mentioned period of consideration of the criminal case in cassation may be extended by a decision of the court considering the case, but each time for no more than one month. At the same time, the current criminal procedure law does not provide for any deadlines for the consideration of a criminal case in the court of cassation.

2. Based on the meaning of Article 451 of the CPC, only the composition of the court considering a particular case in cassation has the right to extend the time limit for consideration of a case. The sole extension of the term of consideration by the chairman of the regional court or the judge-rapporteur of the cassation instance is not allowed. If the time limit for consideration of the case in the cassation instance is extended, the court must immediately notify the persons participating in the case of this decision.

3. Valid reasons that are grounds for extending the term of consideration of the case in cassation, in addition to the multiple episodes, the multi-volume nature of the case under consideration, the complexity of the arguments of the complaint (protest), the large number of cassation complaints filed in the case may include circumstances related to the non-appearance of the participants in the process, without which consideration of the case is impossible, the temporary disability of the judge, whose replacement it is impossible for the duration of the illness, etc..

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

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