Commentary to article 31. Decisions taken by the court of appeal The Criminal Procedure Code of the Republic of Kazakhstan

1 As a result of the consideration of the case on appeal, the court shall adopt one of the following decisions on:

1) leaving the verdict, the decision of the court of first instance unchanged, and the appeal (private) complaints, protests – without satisfaction;

2) changing the sentence;

3) cancellation of the verdict and termination of the case in full or in part;

4) the annulment of the conviction and the resolution of a new conviction or acquittal;

5) the annulment of the acquittal and the resolution of a new acquittal or conviction;

6) the annulment of the verdict passed with the participation of jurors and the referral of the case for a new judicial review;

7) amendment of the resolution, cancellation of the resolution with the adoption of a new resolution;

8) cancellation of the verdict and referral of the case to the prosecutor in accordance with Article 323 of this Code.

2 The court of appeal has the right to make a decision that worsens the situation of the convicted (acquitted), only to the extent and on the grounds specified in the complaints, protest of the prosecution.

3 Upon establishing the circumstances specified in Article 405 of this Code, the court of appeal shall issue a private ruling.

1. The substance of the decision of the court of appeal (to cancel or amend the verdict (resolution) of the court of first instance) depends on the determination of the degree (nature, depth) of the errors of the court of first instance and the rights of the individual violated by it, affecting the legality and validity of the verdict (resolution).

2. If, during the examination of the case, the arguments of the complaint or protest have not been confirmed, the judicial acts remain unchanged.

If circumstances leading to the termination of the case are revealed during the consideration of the case, the verdict is overturned and the case is terminated on the grounds of rehabilitating and non-rehabilitating the person provided for by law.

If, during the consideration of the case, circumstances are identified that require a change in the verdict on factual and legal grounds, but do not require referral of the case to the prosecutor in accordance with article 323 of the CPC, the necessary changes are made to the verdict.

If the court of first instance does not return the case to the prosecutor upon finding significant violations of the criminal procedure legislation preventing the appointment of the main trial, established in the main trial in cases of expedited pre-trial proceedings or with a concluded procedural agreement, the judicial act of the first instance is canceled, and the case in accordance with Article 323 of the CPC is returned to the prosecutor by the court of appeal.

3. Simultaneously with the issuance of the appeal ruling, the court of appeal may issue a private ruling on the grounds specified in paragraph 4 of Article 53, Article 405 of the CPC.

The court of appeal has the right to cancel or amend the verdict both in general and in a certain part. By overturning the verdict of a court ruled with the participation of jurors, indicating which circumstances are subject to verification and how the violations should be eliminated, the court of appeal has the right to make only recommendations that do not prejudice the conclusions of the court of first instance upon a new examination, and do not exclude the possibility of evaluating evidence by the court of first instance at its discretion.

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

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