Commentary to article 414. The right of appeal, appeal against the verdict, resolution The Criminal Procedure Code of the Republic of Kazakhstan
The right of appeal against a verdict or ruling belongs to the convicted person, the acquitted person, their defenders, including representatives and legal representatives who entered into proceedings after the verdict was announced, the victim (private prosecutor), their representatives and legal representatives. The civil plaintiff, the civil defendant, their representatives and legal representatives have the right to appeal the verdict in the part relating to the civil claim.
A protest on the review of a judicial act on appeal may be brought by a prosecutor who participated in the consideration of the case as a public prosecutor. The Prosecutor General of the Republic of Kazakhstan and his deputies, regional prosecutors and equivalent prosecutors and their deputies, district prosecutors and equivalent prosecutors may, within the limits of their competence, file a protest for a review of the verdict, regardless of participation in the consideration of the case.
Persons who are not parties to the case may also appeal the court's ruling if the ruling concerns their rights and legitimate interests.
The norm of the first part of the commented article lists persons who, by their procedural status, are classified by law as participants in the process defending their or represented rights and interests. These participants in the process have the right to bring complaints (official statements) against sentences (resolutions) that have not entered into legal force in a criminal case. For example, a defender in the interests of a convicted person has the right, on his own initiative, to appeal a court decision in a case in which the court has committed significant violations of procedural rights, leading to the cancellation of an illegal decision. The court is obliged to acquaint the convicted person with this complaint and explain to him the right to withdraw this complaint. The objections of the convicted person and his opinion regarding participation in the board meeting are attached to the case file. Participation in a court of appeal hearing of a convicted person, in respect of whom the issue of deterioration of his situation is being raised, if there is a petition, is an additional guarantee for a comprehensive, complete and objective investigation of the circumstances of the case and the correct resolution of the complaint or protest. The courts of appeal should carefully check whether the courts of first instance have complied with the requirements of the law ensuring the exercise of the said right of the convicted (acquitted) (paragraphs 22, 23, 24 of the Supreme Court's regulatory Resolution No. 26 of December 6, 2002 "On the practice of applying criminal procedure legislation regulating the right to defense"). The unified centralized nature of the system of prosecutor's offices with subordination of subordinate prosecutors to higher ones and the Prosecutor General of the Republic explains the rule of part two of this article on the right to bring a protest in a case to a higher court against a verdict inconsistent with the law or unjustified and other court (judge) decision that has not entered into legal force, the public prosecutor and the listed heads of the prosecutor's office, regardless of from their participation in the consideration of a criminal case in the court of first instance (paragraphs 1 of art.3, art.31 of the Law of the Republic of Kazakhstan dated December 21, 1995 "On the Prosecutor's Office"). Appeals and protests are legally equivalent. This corresponds to the principle of competition and equality of the parties in the criminal process.
The right provided for in part three to appeal a court decision by persons who are not parties to the case is also not novel, if the decision concerns their interests. This provision is provided for in Part 5 of Article 403 of the current Criminal Procedure Code of the Republic of Kazakhstan.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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