Comment to article 501. Terms of resumption of production The Criminal Procedure Code of the Republic of Kazakhstan

There is no time limit for the review of a guilty verdict or a decision on confiscation of property before the court's verdict is handed down due to newly discovered circumstances in favor of a convicted person who has been acquitted.

The death of a convicted person is not an obstacle to the resumption of proceedings under newly discovered circumstances for rehabilitation purposes.

A review of an acquittal, a decision to dismiss a case, as well as a review of a conviction on grounds that worsen the convict's situation, are allowed only during the limitation period for criminal prosecution and no later than one year from the date of discovery of new circumstances.

The day of the discovery of new circumstances is considered:

1) the date of entry into force of the verdict or resolution in respect of persons guilty of giving false testimony, presenting false evidence, incorrect translation or criminal acts committed during the investigation or consideration of the case, in the cases provided for in paragraphs 1), 2) and 3) of the second part of Article 499 of this Code.;

2) the date of the adoption of the final decision of the Constitutional Council of the Republic of Kazakhstan on the recognition of unconstitutional law or other normative legal act in the case specified in paragraph 5) of the second part of Article 499 of this Code;

3) the date on which the prosecutor draws up an opinion based on the results of an inspection or investigation in accordance with paragraph 4) of the second part of Article 499 of this Code.

1. The provision of the first part of this article guarantees a convicted person who has been acquitted the opportunity to review judicial acts in their favor based on newly discovered circumstances without limitation by any time limits.

2. Proceedings on newly discovered circumstances may also be resumed in the case of the death of a convicted person, if previously unknown circumstances have been established, according to which the deceased can be rehabilitated.

3. The law limits the review of an acquittal, a court decision to dismiss a case, as well as the review of a conviction on grounds that worsen the situation of the convicted person to two terms. Firstly, the revision of such acts on the above grounds is allowed only during the limitation period for criminal prosecution provided for in Article b of the Criminal Code of the Republic of Kazakhstan, and secondly, no later than one year from the date of discovery of new circumstances. After one year from the date of the discovery of new circumstances, the resumption of proceedings on grounds that worsen the situation of the convicted person is not allowed even in cases where the statute of limitations has not expired.

3. It is important to calculate the specified deadlines correctly. The fourth part of this article clearly states which day should be considered the day of the discovery of new circumstances.

In cases where the circumstances listed in paragraphs 1), 2) and 3) of the second part of Article 499 of the CPC are established not by a verdict, but by a decision of the court, prosecutor, investigator or inquirer to terminate the criminal case after the expiration of the statute of limitations, as a result of an act of amnesty, in connection with the death of the accused or the failure to reach the age for prosecution criminal liability, the day of the discovery of new circumstances is considered to be the day of the court's decision., and, where appropriate, the date on which the prosecutor issued a conclusion on the existence of grounds for resuming proceedings under newly discovered circumstances.

The provision of the second part of Article 48 of the CPC, according to which, when calculating the time limits, the hour and the day on which the time period begins are not taken into account, is subject to application in calculating the time limits provided for in this article. Therefore, when calculating the time frame for resuming proceedings on newly discovered circumstances, the date of discovery of new circumstances is not taken into account.

The last day of the one-year period for filing a petition for the resumption of proceedings on newly discovered circumstances that worsen the situation of the convicted, acquitted, or the person against whom the case was terminated is the last day of the month on which the one-year period ends. In cases where the last day of the term falls on a non-working day, the next working day is considered to be the day of the end of the term.

The time of consideration by the court of a petition for the resumption of proceedings on newly discovered circumstances in judicial instances is not taken into account when calculating the time limit, i.e. the court may make a decision that worsens the situation of the convicted, acquitted, or the person against whom the case was terminated even after the expiration of a year from the date of the newly discovered circumstances.

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

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