Comment to article 508. Civil action upon reopening of a case due to newly discovered circumstances The Criminal Procedure Code of the Republic of Kazakhstan

If the verdict is overturned due to newly discovered circumstances, the civil action initiated during the initial consideration of the criminal case will be reviewed on general grounds. The resumption of the case only in the part of the civil claim is allowed only in the order of civil proceedings.

Often, in the framework of the trial of a criminal case, the court considers a civil claim for compensation for damage caused by a crime. The reasoning for the decision on the civil claim is given in the descriptive and motivational part, and the decision itself is set out in the operative part of the verdict. The annulment of a sentence due to newly discovered circumstances also covers the annulment of a civil claim. Upon a new examination of the case, the civil claim initiated during the initial examination of the criminal case does not lose its significance and is again considered on general grounds.

The resumption of criminal proceedings only in part of the civil claim is not allowed, however, the newly discovered circumstances that led to the cancellation of the verdict as a whole may relate to the decision on the civil claim. Newly discovered circumstances that have arisen that relate only to the decision on a civil claim considered in a criminal case can only be considered in civil proceedings.

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

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