Commentary to article 471. Entry into force of the court order and its enforcement The Criminal Procedure Code of the Republic of Kazakhstan

The decision of the court of first instance comes into legal force.

and applies for execution after the expiration of the time limit for appeal or protest, or in the case of a private complaint or protest upon consideration of the case by a higher court.

A court ruling that is not subject to appeal or appeal shall enter into force and be enforced immediately upon its issuance.

A court order to dismiss a case, issued during a preliminary hearing or during the main trial, is subject to immediate execution in that part of it that concerns the release of the accused or defendant from custody.

The decision and verdict of the court of appeal come into force from the moment of their announcement.

Verdicts and decisions of the courts of appeal and cassation instances shall be enforced in accordance with the procedure provided for in Articles 445 and 466 of this Code.

A private court decision, after no more than three days from the date of entry into force, is sent to the appropriate official performing managerial functions. The necessary measures must be taken within one month of a private decision and the results reported to the court that issued the decision.

1. Decisions of the court of first instance and the court of appeal shall enter into force and be enforced in accordance with the procedure established by the CPC.

The decisions of the court of first instance and the court of appeal specified in Part 2 of art. 445, part 2, 3 of art. 471 of the CPC come into legal force and are immediately enforced.

2. The court of appeal and the court of first instance are the subjects of the appeal of the decision for execution within the meaning of the norms of Article 471 of the CPC. A wide range of State bodies, including the judicial authorities, the prosecutor's Office, and the preliminary investigation of criminal cases, are also subjects of the execution of the appeal decision and the decision of the court of first instance. In a sense, the appeal decision sent to the court of first instance is already an act of its appeal for execution, and the court of first instance in this situation is also among the judicial authorities called upon to execute decisions of higher judicial instances.

3. A private decision, like any other decision of the court of first instance, shall enter into force and be enforced upon the expiration of the time limit for appeal or protest, and in the case of a complaint or protest, upon consideration of the case by a higher court. The subjects of the execution of a private decision are obliged to take the necessary measures and inform in writing the court that issued the private decision on the results of its execution no later than one month from the date of its receipt.

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases