Commentary to article 502. The procedure for initiating proceedings on newly discovered circumstances The Criminal Procedure Code of the Republic of Kazakhstan

The right to request the reopening of proceedings

The circumstances revealed belong to the convicted person, the acquitted person, the victim or their legal representatives, defenders, as well as the prosecutor. The petition is brought to the court that passed the verdict, the resolution.

The reasons for initiating proceedings on newly discovered circumstances are statements from citizens, including participants in the process in this case, reports from officials of organizations, as well as data obtained during the investigation and consideration of other criminal cases.

If in the received petition, statement or message there is a reference to the existence of a court verdict, a decision rendered in connection with the circumstances specified in paragraphs 1), 2), 3) and 6) of the second part of Article 499 of this Code, the court, by its decision, initiates proceedings in view of newly discovered circumstances, conducts court proceedings according to the rules, established by this Code, with the request of relevant procedural documents from the criminal prosecution authorities and the court.

If the petition, application or communication indicates other circumstances specified in paragraph 4) of the second part of Article 499 of this Code, the court shall send the materials to the prosecutor for the organization of an investigation. During such an investigation of newly discovered circumstances, interrogations, inspections, examinations, seizures and other investigative actions may be carried out in compliance with the rules of this Code.

Based on the results of the investigation, the prosecutor sends the court verification materials and his conclusion on the presence or absence of grounds for reviewing judicial acts.

1. The first part of this article lists the persons entitled to file a petition to the court to initiate proceedings on newly discovered circumstances. The acquitted or convicted person should include persons whose cases have been terminated by a court order or a decision of the prosecutor, investigator, inquirer after the expiration of the statute of limitations, as a result of an amnesty act, in connection with the death of the accused or the failure to reach the age for criminal prosecution, their defenders and legal representatives.

2. The reason (material basis) of the said persons in the petitions may indicate statements by citizens, other participants in the process in this case, communications from officials of organizations, as well as data obtained during the investigation and consideration of other criminal cases.

3. Upon receiving a request to resume proceedings on newly discovered circumstances, the court shall make one of the following decisions::

1) by its decision, initiates proceedings in view of the newly discovered circumstances specified in paragraphs 1), 2), 3) and 6) of the second part of Article 499 of the CPC, to which reference is made in the petition, demands the relevant procedural documents from the criminal prosecution authorities and the court, if they were not attached to the petition, and sets a date conducting court proceedings;

2) if the petition specifies other definitions, circumstances unknown to the court at the time of sentencing, which, by themselves or together with previously established circumstances, may indicate the innocence of the convicted person or the commission of a criminal offense other in severity than the one for which he was convicted, or the guilt of the acquitted person or the person in whom in respect of which the case has been terminated, the court sends the materials received without initiating proceedings on them based on newly discovered materials to the prosecutor for organizing an investigation.

3. An investigation on behalf of the court of newly discovered circumstances is carried out in compliance with the general rules of the Criminal Procedure Code, while interrogations, inspections, examinations, seizures and other investigative actions may be carried out.

Upon completion of the investigation, the prosecutor draws up his opinion on the presence or absence of grounds for reviewing judicial acts and sends it to the court along with the materials that the court sent to him for investigation and verification materials.

The court, having received the prosecutor's opinion and materials, reviews them and issues one of the decisions specified in the first part of Article 505 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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