Commentary to article 447. Consideration of the case in the first instance after the cancellation of the original verdict, decided with the participation of jurors The Criminal Procedure Code of the Republic of Kazakhstan
After the cancellation of the original verdict, the case is subject to consideration in accordance with the procedure provided for in Chapter 65 of this Code.
If the verdict passed in a case considered with the participation of jurors is overturned with the referral of the case for a new hearing from the stage of the appointment of the main trial, the court, upon a new hearing of the case, conducts a preliminary hearing of the case and, depending on the will of the defendant, decides on a new hearing of the case with or without the participation of jurors. If the original verdict is overturned and sent for a new judicial review from the stage of the main trial, the court appoints the main trial, forms a new panel of jurors and examines the case in accordance with the provisions of Chapter 65 of this Code.
At the same time, the court has no right to worsen the situation of the convicted person in comparison with the previous conviction, which was overturned due to violations by the presiding judge of the requirements of chapters 67, 68 and Article 658 of this Code. (ed. ZRK dated 07.11.2014).
It follows from this rule that the consideration of a case in the first instance after the cancellation of the original verdict is provided only for cases considered with the participation of jurors, which is a novelty.
It is also novel that if the case is sent to the court of first instance from the stage of appointment of the main trial, then the defendant has the right to refuse to consider the case with the participation of jurors.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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