Comment to article 486. Persons who have the right to apply for judicial review of judgments and court decisions that have entered into force, to appeal against judgments and court decisions that have entered into force The Criminal Procedure Code of the Republic of Kazakhstan

Appeals for judicial review of judgments and decisions that have entered into force are referred to as petitions and may be filed by participants in the process who have the right to file appeals and cassation complaints.

The Chairman of the Supreme Court of the Republic of Kazakhstan has the right to submit submissions on the supervisory review of sentences and decisions that have entered into force on the grounds provided for in paragraph 1) of the second part of Article 485 of this Code.

The Prosecutor General of the Republic of Kazakhstan may, on his own initiative or at the request of the persons specified in the first part of this Article, bring a protest on judicial review of sentences and resolutions that have entered into legal force.

When deciding whether to bring a protest under supervision, the Prosecutor General of the Republic of Kazakhstan or, on his instructions, his deputies or regional prosecutors and equivalent prosecutors have the right to demand a criminal case from the court. The court executes the prosecutor's request within seven days from the date of receipt or informs about the impossibility of executing the request due to the case being in another court instance.

Within the meaning of Part 1 of Article 486 of the CPC, all participants in the process have the right to appeal verdicts (rulings) that have entered into force and to the extent prescribed for filing complaints on appeal. Petitions and protests are brought directly to the Supreme Court.

Some differences regarding the competence to bring a protest in the order of supervision are established by law for prosecutors. Clearly, only the Prosecutor General has the right to bring a protest to the supervisory board of the Supreme Court. He has the right to bring a protest both on his own initiative and upon complaints from the parties. When examining a complaint, the Prosecutor General has the right to request a criminal case from any court himself, or to instruct his deputies or regional prosecutors to do so. Other prosecutors, when deciding whether to appeal a court decision by the Prosecutor General in a supervisory manner, do not have the right to claim criminal cases from courts at all levels. In this case, the court must comply with this request within seven days.

Another difference in the supervisory proceedings is a slightly different procedure for considering the protests of prosecutors in the supervisory instance. The prosecutor's protests, unlike the supervisory petitions of other participants in the process, are not previously studied and considered by the judges of the supervisory board, even if they are submitted at the request of the participants in the process, but immediately become the subject of consideration in the supervisory instance court. This procedure is conditioned by the continuous nature of the constitutional function of the prosecutor in the criminal process to identify and eliminate any violations of the rule of law during the proceedings (paragraph 1, Article 83 of the Constitution). However, at a meeting of the supervisory board on the prosecutor's protest, the consideration of the case on the merits is preceded by a resolution of the question of whether the arguments indicated in the protest are grounds for supervisory review, which is subject to a corresponding court decision.

A person who has filed a petition or brought a protest has the right to withdraw it before the court begins considering the case; a protest brought by a prosecutor may also be withdrawn by a higher prosecutor. During the consideration of the case, the petition or protest may not be withdrawn or changed. Petitions and protests are withdrawn by sending a written document about this to the court of the supervisory instance, which is kept with the petition and protest in the case.

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

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