Commentary to article 492. Appointment of a court session of the supervisory instance The Criminal Procedure Code of the Republic of Kazakhstan

A judge of the collegium of the Supreme Court of the Republic of Kazakhstan, after receiving a court order to initiate supervisory proceedings to review the contested judicial act or receiving a submission from the Chairman of the Supreme Court of the Republic of Kazakhstan or a protest from the Prosecutor General of the Republic of Kazakhstan, shall send to the parties within three days a copy, respectively, of the petition, submission, protest for the review of judicial acts that have entered into force, a notice of consideration of the case in of the supervisory authority, indicating the date, time, and place of the court session.

When preparing for judicial review of a petition, a judge of the collegium of the Supreme Court of the Republic of Kazakhstan has the right to request from a relevant specialist a scientific opinion on the norms of the laws applied in the criminal case under consideration and, if necessary, summon him to a court session.

The case in the supervisory instance must be considered within one month from the date of transfer of the case to the supervisory judicial board of the Supreme Court of the Republic of Kazakhstan with a decision to initiate supervisory proceedings or receipt of a submission by the Chairman of the Supreme Court of the Republic of Kazakhstan or a protest by the Prosecutor General of the Republic of Kazakhstan. Due to the complexity or large volume of the case, as well as if there are valid reasons, this period may be extended by a decision of the supervisory instance court, but each time for no more than one month.

After receiving a court order to initiate supervisory proceedings to review the contested judicial act or receiving a submission from the Chairman of the Supreme Court of the Republic of Kazakhstan or a protest from the Prosecutor General of the Republic of Kazakhstan, the judge of the collegium shall, within three days, send to the parties a copy of the petition for review of the judicial acts that have entered into force, a notice of the case being considered by the supervisory authority, indicating the date, time, the venue of the court session, thereby ensuring their right to participate in the court session.

When preparing for judicial review of a petition, a judge of the collegium of the Supreme Court of the Republic of Kazakhstan has the right to request from an appropriate specialist a scientific opinion on the norms of the laws applied in the criminal case under consideration and, if necessary, summon them to a court session.

The case in the supervisory instance must be considered within one month from the date of its transfer to the supervisory judicial board of the Supreme Court with a decision to initiate supervisory proceedings or receipt of a submission by the Chairman of the Supreme Court of the Republic of Kazakhstan or a protest by the Prosecutor General of the Republic of Kazakhstan. Due to the complexity or large volume of the case, as well as if there are valid reasons, this period may be extended by a decision of the supervisory instance court, but each time for no more than one month.

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

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