Commentary to Article 313. Criminal cases within the jurisdiction of the Supreme Court of the Republic of Kazakhstan The Criminal Procedure Code of the Republic of Kazakhstan
1 The Supreme Court of the Republic of Kazakhstan acts as the highest judicial instance considering petitions of the parties and protests of the prosecutor in the supervisory judicial board on criminal cases.:
1) verdicts, decisions of the courts of the first and appellate instances only after their consideration in the cassation instance;
2) decisions of the courts of cassation instance.
2 In the cases provided for by this Code, the collegium of the Supreme Court of the Republic of Kazakhstan shall consider petitions for the initiation of proceedings on newly discovered circumstances in cases referred to its jurisdiction.
Within the meaning of the norm of Part 1 of Article 313 of the CPC, the Supreme Court does not belong to the courts of first instance, and its powers to review court decisions that have entered into force extend to almost all criminal cases considered by lower courts. In this case, the condition for applying to the Supreme Court is a preliminary review of verdicts and decisions of lower courts in the cassation instance.
The Supervisory Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan in criminal cases referred to its jurisdiction also reviews judicial acts in order to resume proceedings on newly discovered circumstances.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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