Commentary on Article 103 of the Criminal Procedure Code of the Republic of Kazakhstan. Suspension of the Execution of a Decision in Connection with the Filing of a Complaint
In cases provided for by this Code, the filing of a complaint suspends the execution of the contested decision. In other cases, the filing of a complaint may result in the suspension of the execution of the contested decision, provided that the person considering the complaint deems it necessary.
1. The provision of Article 103 of the CPC establishes general rules regarding the possibility of suspending the execution of any decision in connection with the filing of a complaint. In this regard, the suspension of the execution of the contested decision may be expressly provided for or may depend on the discretion of the body conducting the criminal proceedings. For example, at the pre-trial stages, such a decision may be made by the head of the inquiry officer, the investigator, or the prosecutor. The execution of a decision challenged after the expiration of the prescribed time limit may be suspended until the issue of reinstating the missed time limit is resolved, upon the motion of the interested person.
2. Suspension of the execution of a contested decision in connection with the filing of a complaint is most characteristic of judicial stages. For example, the filing of an appeal or a prosecutor's motion suspends the entry into legal force of a judgment or ruling, except for a decision concerning a preventive measure, and its enforcement until the case has been considered by the court of appeal (Part 1 of Article 421 of the CPC).
3. Article 493 of the CPC also provides a sufficiently clear formulation on this matter, according to which the Chairman of the Supreme Court of the Republic of Kazakhstan and the Prosecutor General of the Republic of Kazakhstan, simultaneously with requesting the case file, have the right to suspend the execution of a judgment or court ruling for cassation review for a period not exceeding three months (see also Parts 2–3 of Article 486 of the CPC).
In all other cases, the filing of complaints or the lodging of protests by other participants in criminal proceedings against judicial decisions (judgments and rulings) that have entered into legal force does not, as a general rule, suspend their execution (Part 4 of Article 488 of the CPC).
4. Judicial acts that have entered into legal force in cases involving criminal misdemeanors and minor crimes (except for the cases specified in Part 3 of Article 484 of the CPC), as well as judicial rulings in other cases issued during court proceedings on the matters specified in Part 2 of Article 10 of the CPC, are not subject to review by way of cassation before the Supreme Court and, consequently, their execution is not suspended. These include rulings concerning the procedure and method of examining evidence, motions of participants in the proceedings, maintaining order in the courtroom, the refusal of the public and private prosecutors to pursue the charges, matters related to the execution of a judgment, and rulings of the investigating judge (Part 2 of Article 484 of the CPC).
Commentary of 2020 on the Criminal Procedure Code of the Republic of Kazakhstan. By Marat Chekishevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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