Commentary to article 507. Review of court decisions and proceedings after the annulment of court decisions (as amended ZRK dated 07.11.2014) of the Criminal Procedure Code of the Republic of Kazakhstan
Complaints, protests against the decisions of the court of first instance, appeal, cassation instances, made following the consideration of the petition for the resumption of proceedings on newly discovered circumstances, may be filed by the persons specified in the first part of Article 502 of this Code to the appropriate higher court within fifteen days from the date of issuance.
Consideration of complaints and protests against these decisions by a higher court is carried out in accordance with the procedure provided for the consideration of appeals, cassation complaints, and protests. The decision of a higher court to leave unchanged, cancel or amend the appealed decision is final and is not subject to further appeal or appeal.
The investigation and judicial proceedings in a case after the annulment of court decisions on it due to newly discovered circumstances shall be conducted in accordance with the general procedure established by this Code.
If a request for review of a judicial act that has entered into legal force is granted, decided with the participation of jurors on newly discovered circumstances, with the case being referred for a new hearing from the preliminary hearing stage, the court, upon a new hearing of the case, conducts a preliminary hearing of the case and, depending on the will of the defendant, decides on a new hearing of the case with the participation of jurors or without their participation. If the judicial act is annulled and sent for a new judicial review from the stage of the main trial, the court appoints the main trial, forms a new panel of jurors and examines the case in accordance with the provisions of Chapter 65 of this Code (as amended. ZRK dated 07.11.2014)
The third part of this article specifies the procedure for proceeding in cases after the cancellation of a verdict or court order in view of newly discovered circumstances. A new investigation of the case and a new judicial review of the case, as well as an appeal/protest against new court decisions, are carried out in the usual manner provided for by the CPC. If, due to newly discovered circumstances, the verdict passed during the trial with the participation of jurors is overturned, then a new trial of the case is carried out by the court of first instance with the participation of a new jury. If the judicial act is annulled and sent for a new judicial review from the stage of the main trial, the court appoints the main trial, forms a new panel of jurors and examines the case in accordance with the provisions of Chapter 65 of this Code. When reviewing the case again, the court is not bound by the opinion expressed in the court's decision to overturn the previous verdict due to newly discovered circumstances.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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