Comment to article 460. Cancellation of the guilty verdict with the termination of the case The Criminal Procedure Code of the Republic of Kazakhstan
Considering the case in cassation, the court shall overturn the conviction and terminate the case if there are grounds provided for in part one of Article 35 and part one of Article 36 of this Code.
The cancellation of a conviction in a court of cassation instance with the termination of a criminal case is allowed if there are grounds specified in part 1 of Article 35 and part 1 of Article 36 of the CPC, provided that the courts of first and appellate instance have ensured the necessary completeness of the study of all available evidence in the case and there are no grounds for sending the case to a new trial.
If, in connection with the reclassification of a crime by the court of cassation, it is established that, with the correct application of the criminal law, the case could not be initiated, and the case was terminated on the grounds provided for in part 1 of Article 35 of the CPC, the verdict of the court of first instance and the decision of the appellate judicial board are subject to cancellation with the termination of the case proceedings.
3. If the court of cassation overturns the conviction with the termination of the case due to the lack of evidence of the convicted person's participation in the commission of a crime, if the person who committed the crime remains unexplained, the case considered by the cassation judicial board is subject to referral to the prosecutor for taking measures to identify the person who committed the crime. In this case, a copy of the cassation decision is sent to the court that issued the verdict.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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