Commentary to article 663. Cancellation of the verdict with the participation of jurors and referral of the case to a new trial The Criminal Procedure Code of the Republic of Kazakhstan
A verdict passed with the participation of jurors is subject to cancellation in whole or in part with the referral of the case for a new trial to the court that passed the verdict, but in a different composition of the court on the grounds specified in Article 662 of this Code.
At the same time, the court of appeal has no right to prejudge questions about the evidence or lack of evidence of the charge, the reliability or unreliability of this or that evidence, the advantage of some evidence over others, the application of a criminal law by the court of first instance and the measure of punishment, as well as to prejudge the conclusions that may be drawn by the court.
When reviewing a criminal case again after the verdict has been overturned, the court shall comply with the requirements provided for in article 447 of this Code.
The court of appeal, canceling the verdict and sending the case for a new hearing, does not have the right to establish or consider proven facts that were not established by the verdict. By overturning the verdict and sending the case for a new hearing, the appellate instance indicates what violations have occurred, with reference to specific norms of substantive and procedural law.
2.In accordance with paragraph 27 of Regulatory Decree No. 4 of August 23, 2012 "On the application by courts of legislation Regulating criminal proceedings involving jurors", in the event of the cancellation of a verdict passed by a court with the participation of jurors, with the referral of the case to a new trial from the stage of the main trial, the case is considered with the participation of jurors. If the verdict is overturned and the case is sent for a new judicial review from the preliminary hearing stage, then at this stage all issues provided for in Article 301 of the CPC are resolved, including the consideration of the case with the participation of jurors.
3. In case of cancellation of the verdict and referral of the case for a new judicial review from the stage of the main trial, the case is considered in the court of first instance again with the participation of jurors. It follows from this that when a case is re-examined from the stage of the main trial, the court of first instance does not resolve the question of whether the case will be re-examined with the participation of jurors or alone.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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