NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2025 No. 1

About application of the legislation regulating consideration of criminal cases in cassation procedure

For the purpose of uniform and correct application of the current legislation regulating procedure for review in cassation procedure for the court resolutions which took legal effect, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations:

1. According to requirements of Item 3 of article 76 of the Constitution of the Republic of Kazakhstan (further - the Constitution) the sentences and other court orders which took legal effect are binding in the territory of the Republic and according to part one of Article 472 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) are subject to strict execution. In this regard review of the court resolutions which took legal effect on criminal cases shall be performed according to provisions Codes of Criminal Procedure and not interfere with their execution.

Review of the court resolutions which took legal effect on criminal cases is made by court of cassation on criminal cases (further - court of cassation) on protest of the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General), his deputies, the Main military prosecutor, the Chief transport prosecutor, to representation of the chairman regional or equated to it vessels brought in the case provided by part three of article 446 Code of Criminal Procedure or according to writs of appeal of persons specified in part one of article 486 Code of Criminal Procedure.

2. The bases to review in cassation procedure for the court resolutions which took legal effect are the cases of the wrong application of the criminal and (or) criminal procedure laws provided by parts one and the second article 485 Code of Criminal Procedure. The list of the bases is exhaustive and is not subject to extensive interpretation.

The court resolutions which took legal effect listed in Items 2) and 3) to part two of article 484 Code of Criminal Procedure are not subject to revision in cassation procedure.

The court resolutions which took legal effect on cases on criminal offenses and crimes of small weight, court resolutions in case of non-compliance with appeal procedure for their appeal, can be reviewed only on protest of the Attorney-General, his deputies, the Main military prosecutor, the Chief transport prosecutor, in the presence of the bases, the stipulated in Article 485 Codes of Criminal Procedure.

3. On cases on crimes of average weight, heavy and especially serious crimes sentences and resolutions of Trial Courts, after their consideration in Appeal Court, sentences and resolutions of Appeal Courts in the presence of the bases, the stipulated in Article 485 Codes of Criminal Procedure, can be protested by the Attorney-General, his deputies, the Main military prosecutor, the Chief transport prosecutor, and also are appealed by persons specified in part one of article 486 Code of Criminal Procedure, in court of cassation instance.

On cases in the relation of persons prosecuted on a charge of crime execution of average weight, heavy or especially serious crime in cases when their actions by subordinate courts were qualified as criminal offense or crime of small weight, the writ of appeal about review of court resolutions can be made only in case of disagreement with such retraining and formulations of the question about qualification of act under former heavier Article.

4. Under non-compliance with appeal procedure for appeal of court resolutions cases when court resolution of Trial Court are recognized:

it was not appealed (the petition is not brought) and it took legal effect;

it was appealed (the petition is brought), but in the procedure established by the law the appeal (private) claim, the petition of the prosecutor were withdrawn before its consideration;

it was appealed (the petition is brought), but in connection with the omission of term of appeal appeal the claim, the petition of the prosecutor were returned without consideration;

concerning the convict (justified) it was not reviewed, and appealed (the petition is brought), and reviewed in Appeal Court concerning other persons on this case.

5. The persons listed in part one of article 486 Code of Criminal Procedure, having the right to make in case of observance of requirements of part one of article 484 Code of Criminal Procedure the writ of appeal and when they did not participate when considering the case in Trial and Appeal Courts.

The person who is not recognized in accordance with the established procedure as the participant of process, but proceeding from the actual position having the right to judicial protection of the rights and legitimate interests treats number of other persons having rights to submission of the writ of appeal (further - the interested person). The owner of property or the pawnbroker whose property is seized can be carried to such persons or property of which it is seized, and other persons.

In the writ of appeal of the interested person it shall be specified in what part the court resolution affects its rights and legitimate interests what provisions of the law are broken when considering the case, and also being of request with indication of the bases attracting review of court resolutions.

Requirements of part one of article 484 Code of Criminal Procedure about obligatory observance of appeal procedure for appeal of court resolutions extend also to the interested person. In case of detection by the interested person of violations of its rights and legitimate interests after the term of appeal appeal of court resolutions of Trial Court, such person has the right to take a legal action about recovery of the passed term according to the procedure of article 419 Code of Criminal Procedure.

The legal representative of the minor convict (justified) who was injured the writ of appeal having the right to make about the court resolutions which took legal effect only before achievement by the convict (justified) who was injured age of majority.

6. The victim, his representative or the legal representative has the right to appeal the court resolutions specified in part one of article 484 Code of Criminal Procedure on cases on crimes of average weight, heavy and especially serious crimes on the bases provided by part one of article 485 Code of Criminal Procedure.

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