Comment to article 470. Entry of the sentence into legal force and its enforcement The Criminal Procedure Code of the Republic of Kazakhstan

Sentences of the court of first instance issued by the district and equivalent courts, the specialized interdistrict criminal court, the specialized interdistrict military criminal court, the specialized interdistrict juvenile court, the military garrison court, enter into force and are subject to enforcement upon expiration of the time limit for appeal or protest, if they do not have been appealed or protested.

In the case of a review of the case in the appellate instance, if it is not overturned, the verdict comes into force on the day of the appeal ruling. If the appellate (private) complaints or protest were withdrawn before the start of the court of appeal session, the verdict shall enter into force on the day the appellate instance issues a decision to terminate proceedings in connection with the withdrawal of the complaint or protest.

The verdict is applied for execution by the court of first instance no later than three days from the date of entry into force of the verdict or the return of the case from a higher court.

A person convicted of a criminal offense is released from serving his sentence if the guilty verdict has not been carried out within the time limits established by Article 77 of the Criminal Code of the Republic of Kazakhstan.

The verdict of the court is subject to immediate execution in terms of the release of the convicted person, acquitted from custody.

1. The execution of court decisions is the final stage of the criminal process, which begins only upon the entry into force of the verdict. With the entry into force of the conviction, the person is considered guilty of committing a crime (paragraph 1, paragraph 3, Article 77 of the Constitution). A sentence that has entered into legal force acquires the force of law and becomes binding on the territory of the Republic of Kazakhstan by all legal entities and individuals whose interests it affects. Malicious failure to execute a verdict and other judicial acts, as well as obstruction of their execution, entails administrative or criminal liability provided for by law. At the same time, the debtor's lack of a real opportunity to execute a judicial act in a certain part or in full precludes the possibility of bringing a person to administrative or criminal responsibility.

2. An uncontested and uncontested court verdict shall enter into legal force upon the expiration of the time limit for appeal and appeal.

The proclamation of an acquittal, as well as a non-custodial conviction, means its immediate execution in the part that concerns the release of the convicted person from custody in the courtroom.

All verdicts of the court of first instance (acquittals, convictions), if appealed or protested, come into legal force after the case is considered by the court of appeal and its decision is announced.

3. It is necessary to distinguish between the appeal of the sentence for execution and the actual execution of the sentence. A sentence that has entered into legal force is subject to execution by a court of first instance, and its execution is assigned by law to the relevant State bodies, which depends on the type of conviction and type of criminal punishment.

For sentences that have not been appealed, have not been protested, and have not been overturned or amended by the court of appeal, the law establishes a single short period during which the court of first instance is obliged to enforce them after they enter into force. However, the beginning of these periods varies. Thus, when the case is returned from the appellate instance, the sentence is executed no later than three days from the date of its receipt by the court of first instance.

The decisions of the court of first instance and the court of appeal enter into force and are enforced in accordance with the procedure established by the CPC.

The decisions of the court of first instance and the court of appeal specified in Part 2 of art. 445, part 2, 3 of art. 471 of the CPC come into legal force and are immediately enforced.

4. The court of appeal and the court of first instance are the subjects of the decision for enforcement in the sense of the norms of Article 471 of the CPC. A wide range of State bodies, including the judicial authorities, the prosecutor's Office, and the preliminary investigation of criminal cases, are also subjects of the execution of the appeal decision and the decision of the court of first instance. In a sense, the appeal decision sent to the court of first instance is already an act of its appeal for execution, and the court of first instance in this situation is also among the judicial authorities called upon to execute decisions of higher judicial instances.

5. A private decision, like any other decision of the court of first instance, shall enter into force and be enforced upon expiration of the time limit for appeal or protest, and in the case of a complaint or protest, upon consideration of the case by a higher court. The subjects of the execution of a private decision are obliged to take the necessary measures and inform in writing the court that issued the private decision on the results of its execution no later than one month from the date of its receipt.

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

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