Comment to article 498. Filing a petition or protest for a review of the verdict and court order issued during a new trial of the case The Criminal Procedure Code of the Republic of Kazakhstan
A petition or protest for supervisory review of a new verdict or ruling issued in connection with the cancellation of previous ones may be filed on general grounds, regardless of the reasons for which the first verdict or court ruling was canceled.
The norm of Article 498 of the CPC preserves the inviolability of the principle of freedom of appeal, protest against any actions and decisions of the court that took place during the proceedings, including the results of a second review of the case by the court of first instance or the appellate instance.
At the same time, it should be borne in mind that a petition from a person who does not have the right to appeal a court verdict or resolution that has entered into legal force, or a petition from a participant in the process for a review of court decisions or a prosecutor's supervisory protest submitted to a supervisory authority on grounds not specified in article 485 of the CPC, must be dismissed regardless of the content There are no arguments in them (paragraph 29 of the resolution of the Plenum of the Supreme Court of April 28, 2000 No. 2 "On the procedure for criminal proceedings in a supervisory instance").
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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