Commentary to article 477. Courts that resolve issues related to the execution of sentences The Criminal Procedure Code of the Republic of Kazakhstan

Issues related to the execution of the sentence are resolved by the district and equivalent court operating at the place of execution of the sentence, and in its absence – by a higher court.

The same courts consider issues related to the execution of the appeal verdict.

Specialized inter-district courts do not consider these issues, with the exception of the issue specified in part three of this article.

The issue of revocation of a criminal record is considered by the court specified in the first part of this article, acting at the place of residence of the convicted person.

The issue of clarifying all kinds of doubts and ambiguities is considered by the court that issued the verdict.

All materials and a copy of the court's decision on issues related to the execution of the sentence, after entry into force, are attached to the criminal case. If the court's decision has been reviewed by higher courts, copies of these courts are also attached to the criminal case.

When executing a sentence, the courts that resolve issues during the execution of the sentence include: the district court operating at the place of serving the sentence; the district court at the place of residence of the convicted person; the higher court in the absence of the district court at the place of execution.

The district courts that have issued sentences consider the issues referred to in article 476 of the CPC if they operate at the place of execution of the sentence. At the same time, the law stipulates objective conditions when issues of execution of a sentence are resolved by the court of the same name or a higher court. Specialized inter-district courts operating at the place of residence of the convicted person have the right to consider only questions about the removal of a criminal record.

Due to the nature of punishments that are not related to imprisonment and isolation from society, release from punishment and from serving a sentence, some issues during the execution of sentences are resolved by the court at the place of residence of the convicted person.

Certain specifics are present in the competence of the courts to consider issues of termination, modification or extension of the use of compulsory medical measures. Consideration of the submission (conclusion) of the commission of psychiatrists on the need to terminate, modify or extend the use of a compulsory medical measure in a case that resulted in the issuance of a decision on the use of a compulsory measure is carried out by the court in accordance with art. 523 CPC.

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

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