Commentary to article 33. Grounds for cancellation or amendment of the verdict The Criminal Procedure Code of the Republic of Kazakhstan

1 The grounds for revocation or amendment of the verdict of the court of first instance are:

1) one-sidedness and incompleteness of the judicial investigation;

2) inconsistency of the conclusions of the court, set out in the verdict, resolution, factual circumstances of the case;

3) a significant violation of the Criminal procedure law;

4) incorrect application of the criminal law;

5) the discrepancy between the punishment of the severity of the criminal offense and the personality of the convicted person.

2 The list of grounds for the cancellation or amendment of a sentence, regulated by paragraphs 1-5 of Article 433 of the CPC, is exhaustive. The grounds for revoking or changing a sentence may be applied independently or in combination.

3 By regulating the grounds for the cancellation or amendment of a sentence, the law provides for all possible violations of criminal and criminal procedure laws committed by the court of first instance and the criminal prosecution authorities during the proceedings. Of course, it is also true that each of the grounds identified by the court had specific application and had different consequences for the verdict (resolution) of the court of first instance.

4 The cancellation of a sentence on the grounds specified in Article 433 of the CPC entails its cancellation in terms of a civil claim, regardless of whether the verdict has been appealed or protested in this part. Consideration of a civil claim after the cancellation of the verdict (resolution) only in part of the civil claim is carried out by the court that issued the original verdict (resolution), with a different composition of judges. In this case, the court, having fully and comprehensively examined all the circumstances related to the civil claim, decides on a verdict in which it sets out the motives, grounds and essence of the decision taken on the civil claim. A verdict (resolution) rendered in accordance with the specified procedure is subject to appeal or appeal on general grounds. Upon a new consideration of the criminal case, after the verdict has been overturned in full, the civil claim is considered again on the general grounds provided for by the CPC. (paragraph 37 of the normative resolution of the Supreme Court of June 20, 2005 No. 1 "On consideration of a civil claim in criminal proceedings").

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

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