Comment to article 487. Time limits for judicial review of judicial decisions that have entered into force The Criminal Procedure Code of the Republic of Kazakhstan
The filing of a petition, protest, or submission for judicial review of a conviction that has entered into force on the grounds of the convict's innocence, as well as in connection with the need to apply the law on a less serious criminal offense, the severity of the punishment, or other grounds leading to an improvement in the convict's situation, is not limited in time.
The filing of a petition, protest, or submission for judicial review of an acquittal or conviction that has entered into force on the grounds of the need to apply the law on a more serious criminal offense, for leniency of punishment, or on other grounds that worsen the situation of the convicted person, or a court order to terminate the case, is allowed within one year after their entry into force. into legal force.
The restoration of the specified period, if it is missed, is not allowed. Preliminary consideration of a petition, protest, submission and consideration of the case in a supervisory instance with the adoption of a decision that worsens the situation of a convicted person who was acquitted on the basis of a timely received supervisory petition, protest, submission may be carried out by the court even after the expiration of a year from the date of entry into force of the contested judicial act.
The terms of appeal and appeal against a verdict depend on whether the situation of the convicted person, the acquitted person, or the person against whom the case has been terminated is deteriorating or improving, and act as a certain guarantee of individual rights in the criminal process. These terms are calculated from the date of entry into force of the verdict (resolution) of the court.
The one-year period referred to in Part 2 of Article 487 of the CPC is not subject to extension, but if the petition or protest is submitted in a timely manner, and the one-year period has expired at the time of the court review, the case is reviewed by a supervisory authority.
In the case of a verdict (resolution) and its appeal, appeal on appeal, as a result of which the verdict (resolution) has been amended, the one-year period begins to run from the date of entry into force of the court's appeal decision.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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