Commentary to article 461. Cancellation of the acquittal, the decision to dismiss the case by the court The Criminal Procedure Code of the Republic of Kazakhstan
An acquittal, a decision to dismiss a case, or another decision rendered in favor of the defendant may be overturned by the cassation instance only upon the protest of the prosecutor or upon the complaint of the victim or his representative, as well as upon the complaint of an acquitted person who disagrees with the grounds for acquittal.
An acquittal, a decision to dismiss a case, or another decision rendered in favor of a defendant may not be overturned on grounds of a significant violation of the criminal procedure law, unless the innocence of the acquitted person or the essence of another decision rendered in favor of the defendant in a cassation appeal or protest is in doubt.
The annulment of an acquittal (decision to terminate the case) by the court of cassation instance may be carried out only upon the protest of the prosecutor or upon the complaint of the victim or his representative, that is, on the initiative and direct request of the prosecution, clearly and unambiguously expressed in the cassation appeal, protest.
The Criminal Procedure Law also provides that an acquittal may be overturned on the complaint of an acquitted person who disagrees with the grounds for acquittal.
461 of the CPC stipulates that the judicial acts specified in paragraph 1 of the same article cannot be annulled on grounds of a significant violation of the criminal procedure law, provided that the innocence of the acquitted person or the essence of another decision rendered in favor of the defendant in the cassation appeal or protest is not in doubt.
The specifics concerning the cancellation of the acquittal of a court with the participation of jurors in cassation are fixed in Article 667 of this Code.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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