Commentary to article 500. Judicial decisions in criminal cases subject to review due to newly discovered circumstances The Criminal Procedure Code of the Republic of Kazakhstan

Due to newly discovered circumstances, they can be reviewed:

1) a guilty verdict;

2) acquittal;

3) the decision to terminate the case;

4) the decision on confiscation of property before the verdict of the court.

This article lists the acts that may be reviewed upon resumption of proceedings due to newly discovered circumstances. There are only four of them, and this list is exhaustive, it concerns only judicial acts. The decisions of the prosecutor, investigator, or inquirer, which have completed the proceedings in a criminal case, may be canceled or changed in the usual manner and on the grounds provided for by the relevant norms of the CPC, but not through the initiation of proceedings on newly discovered circumstances.

This article lists the acts that may be reviewed upon resumption of proceedings due to newly discovered circumstances. There are only four of them, and this list is exhaustive, it concerns only judicial acts.

Through the resumption of proceedings on the case, the decisions of the prosecutor, investigator, or inquirer may be reviewed under newly discovered circumstances only in cases where the said acts contain a decision to terminate the criminal case after the expiration of the statute of limitations, as a result of an act of amnesty, due to the death of the accused or the failure to reach the age for criminal prosecution against the persons listed in the paragraphs 1), 2), 3) of the second part of Article 499 of the CPC.

Other decisions of the prosecutor, investigator, or inquirer, which have completed the criminal proceedings, may be canceled or changed in the usual manner and on the grounds provided for by the relevant norms of the 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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