Comment to article 661. Appeal and appeal against verdicts and judgments rendered by a court with the participation of jurors that have not entered into legal force The Criminal Procedure Code of the Republic of Kazakhstan

The procedure for appealing and challenging verdicts and decisions of a court with the participation of jurors that have not entered into legal force is determined by the rules provided for in Chapter 50 of this Code, with the specifics established by this chapter.

1. The forms of appeal provided for by law against judicial decisions that have not entered into force and have entered into legal force are based on a constitutional provision that guarantees everyone the right to judicial protection of their rights and freedoms. According to the norms of the Constitution, everyone convicted of a crime has the right to have his sentence reviewed by a higher court in accordance with the procedure established by law.

2. The principles specified in the Constitution and in the criminal procedure guarantee the protection of the rights of a convicted person by a court with the participation of jurors and the convicted person's access to review such a sentence on appeal. On appeal, a higher court verifies the legality and validity of a verdict passed with the participation of jurors.

3. The review on appeal of a verdict rendered with the participation of jurors is carried out according to the rules of Chapter 50 of the CPC, that is, in accordance with the procedure provided for the review of a verdict passed by a single judge.

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

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