Commentary to article 482. Consideration of convicts' complaints The Criminal Procedure Code of the Republic of Kazakhstan

The convicted person has the right to appeal to the court against the actions (inaction) and decisions of the institution or body executing the punishment affecting their rights and legitimate interests, as well as decisions of the prosecutor on issues related to the execution of the sentence, or the prosecutor's refusal to satisfy their similar complaints. The consideration of complaints of convicted persons is carried out by the district court at the place of serving the sentence of the convicted person.

Participation in the court session of the convicted person and the person whose actions are appealed is mandatory.

The consideration of complaints of convicted persons is carried out in accordance with the procedure provided for in Article 106 of this Code.

Based on the results of the review, the judge in the conference room issues a decision.:

1) on satisfaction of the complaint, recognition of the appealed actions (inaction) and decisions as illegal and their cancellation;

2) about leaving the complaint without satisfaction;

3) to send a complaint to the appropriate prosecutor to investigate the allegations of torture, other illegal acts, and ill-treatment.

1. The convicted person has the right to appeal to the court against the actions (inaction) and decisions of the institution or body executing the punishment affecting their rights and legitimate interests, as well as decisions of the prosecutor on issues related to the execution of the sentence, or the prosecutor's refusal to satisfy their similar complaints.

The consideration of complaints of convicted persons is carried out by the district court at the place of serving the sentence of the convicted person.

Participation in the court session of the convicted person and the person whose actions are appealed is mandatory.

3. Based on the results of the consideration by the judge, a decision may be issued: to satisfy the complaint, declare the appealed actions (inaction) and decisions illegal and cancel them; to dismiss the complaint; to send the complaint to the appropriate prosecutor for an investigation into the application of torture, other illegal actions, and ill-treatment.

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