Commentary to article 493. Suspension of execution of a sentence, court order The Criminal Procedure Code of the Republic of Kazakhstan
Chairman of the Supreme Court of the Republic of Kazakhstan, General
The Prosecutor of the Republic of Kazakhstan, at the same time as requesting the case, has the right to suspend the execution of a sentence or court order for a supervisory review for a period not exceeding three months.
The Chairman of the Supreme Court and the Prosecutor General, in accordance with their competence, have the right, simultaneously with requesting a criminal case for supervisory review, to suspend the execution of a sentence or decision of any court in the country until they can be protested on the grounds specified in Part 2 of Article 484, Part 2 of Article 485 of the CPC for up to three months.
In accordance with Article 493 of the CPC, the execution of the contested judicial act may be suspended in whole or in part, either at the request of the participant in the process who filed the petition, or without it. A reasoned decision must be issued by the Chairman of the Supreme Court of the Republic of Kazakhstan or the Prosecutor General of the Republic of Kazakhstan on the suspension of the execution of the appealed sentence or resolution, indicating the period of suspension, which must be immediately sent to the appropriate authorities for execution. The said authorities are obliged to immediately suspend the execution of the verdict (resolution) until the end of the supervisory proceedings. If the execution of the sentence is suspended, the execution of the penalty imposed by the court is suspended or interrupted. In this regard, the decision to suspend the execution of a sentence should indicate the release from custody of a convicted person who is in custody as a result of the appeal of this sentence to execution, and the resolution of the issue of choosing a preventive measure not related to detention. The grounds for suspending the execution of the contested judicial acts may be related to circumstances by virtue of which the execution of a sentence may lead to serious irreversible consequences for the life, health of people or the economy and security of the Republic of Kazakhstan. The grounds for suspending the execution of the appealed verdict and court decisions must be confirmed by duly executed documents. The suspension of the execution of a sentence or court decision that has entered into legal force in accordance with this article may last until the petition or protest on the merits is considered by the supervisory board, but not more than three months, after which the decision to suspend the execution of the appealed court decisions must be revoked by the person who issued it. The acquittal and the decision to dismiss the case cannot be suspended (paragraphs 15, 16 of the Resolution of the Plenum of the Supreme Court of April 28, 2000 No. 2 "On the procedure for criminal proceedings in a supervisory instance").
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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