Commentary to article 103. Suspension of execution of a decision in connection with filing a complaint The Criminal Procedure Code of the Republic of Kazakhstan
In the cases provided for by this Code, the filing of a complaint suspends the execution of the appealed decision. In other cases, filing a complaint may result in suspension of the execution of the appealed decision, provided that the person considering the complaint deems it necessary.
The norm of article 103 of the CPC establishes a general rule on the possibility of suspending the execution of any decision in connection with the filing of a complaint. In the pre-trial stages, such a decision can be made by the head of the investigator, the investigator, the prosecutor or the court.
Filing a complaint or protesting against judicial acts that have not entered into force suspends their execution. Filing a complaint or protesting against court decisions (verdicts, resolutions) that have entered into legal force according to the general rules does not in itself suspend their execution. The person considering the complaint or protest has the right to suspend the execution of the relevant judicial act at the same time as requesting the case.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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