Commentary to article 484. Judicial acts that may be reviewed by judicial review after their entry into force The Criminal Procedure Code of the Republic of Kazakhstan

Upon entry into force in the supervisory judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan on the grounds specified in Article 485 of this Code, sentences, decisions of the courts of first and appellate instances may be reviewed only after their consideration in the cassation instance, as well as decisions of the court of cassation instance.

In exceptional cases, sentences and rulings of the courts of the first and appellate instances, which were not considered in previous judicial instances, may be reviewed by way of supervision upon the proposal of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Prosecutor General of the Republic of Kazakhstan in connection with the establishment of evidence that a judicial act may lead to serious irreversible consequences for human life, health or the economy. and security of the Republic of Kazakhstan.

Court decisions that have entered into force in cases of criminal offenses and minor crimes, as well as decisions in other cases made during the trial on the issues specified in the second part of Article 10 of this Code, concerning the procedure and method of examining evidence, petitions of participants in the process, maintaining order in the courtroom, in connection with with the refusal to charge the public and private prosecutor, on issues related to the execution of the sentence, and the decisions of the investigating judge are not subject to supervisory review.

The proceedings in the supervisory instance belong to an exceptional stage of the criminal process, since at this stage final court decisions may be reviewed, resolving the case on the merits.

Paragraph 1 of Article 484 of the CPC refers to verdicts and rulings of the courts of first and appellate instances only after their consideration in the cassation instance, as well as in the supervisory review procedure, all rulings of the court of cassation instance issued following the review of judicial decisions of the courts of first and appellate instances are subject to review.

This Law provides that in exceptional cases, on the recommendation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Prosecutor General of the Republic of Kazakhstan, sentences and rulings of courts of first instance and appellate instances may be reviewed by way of supervision in connection with the establishment of evidence that judicial acts may lead to serious irreversible consequences for human life, health or economy and Security of the Republic of Kazakhstan. Even if they were not the subject of consideration in previous judicial instances.

They are not subject to supervisory review:

- court rulings on cases of criminal offenses and minor crimes that have entered into force: (this provision of the law is not aimed at restricting the rights of a convicted person in judicial instances and does not violate the principles of criminal procedure. The protection of the convicted person's rights in this category of cases remains within the framework of the stage of reopening cases due to newly discovered circumstances).

- decisions made during the trial on the issues specified in the second part of Article 10 of this Code, concerning the procedure and method of examining evidence, petitions of participants in the process, maintaining order in the courtroom, in connection with the refusal to charge the public and private prosecutor, on issues related to the execution of the sentence, and decisions of the investigative committee. judges.      

Unlike the exclusively legal grounds for reviewing judicial decisions of other judicial instances, decisions of the supervisory board of the Supreme Court may not be reviewed on grounds of violation of the law, when the decision adopted by this board may lead to serious irreversible consequences for life, human health or for the economy and security of the Republic of Kazakhstan.

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

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