Comment to article 666. Inadmissibility of deterioration of the convict's situation during the supervisory review of a verdict that has entered into legal force, a court decision with the participation of jurors The Criminal Procedure Code of the Republic of Kazakhstan
A review of a conviction, as well as a court order by way of supervision in connection with the need to apply the criminal law on a more serious crime due to the leniency of the sentence or on other grounds leading to a deterioration in the situation of the convicted person, as well as a review of an acquittal verdict or a court order to terminate a criminal case are not allowed.
This article establishes the beginning of supervisory proceedings as the inadmissibility of a turn for the worse, the essence of which is that as a result of a supervisory review and review of the case and sentence, the situation of the convicted (acquitted) cannot be worsened compared with the decisions rendered in lower courts. By virtue of the above, it is precisely this beginning of supervisory proceedings that, in theory, sets limits for the formulation of supervisory claims by persons interested in appealing and the subsequent consideration (resolution) of their arguments on the merits by the court of the supervisory instance.
The norm of article 666 of the CPC categorically prohibits supervisory review of an acquittal or a court order to terminate a criminal case issued by a court in cases considered with the participation of jurors. The victim's petition filed against the said judicial acts, based on the results of the preliminary examination, is subject to return by the court of the supervisory instance to the person who submitted it, and the prosecutor's supervisory protest, to which the preliminary examination does not apply, is dismissed after discussion at the court session on the grounds specified in this article.
The law allows for supervisory review of any other court decisions in cases considered with the participation of jurors, on petitions and protests aimed at improving the situation of the convicted person (application of the criminal law on a less serious crime, mitigation of punishment, etc.).
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
