Article 426. Limits of consideration of the case in the appellate instance of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The court considering the case on appeal shall verify the legality, validity, and fairness of the verdict and court order in full and shall have the right to amend them on grounds not specified in the complaint or at the request of the prosecutor, provided that the situation of the convicted person does not worsen.

     2. If, during the consideration of the case, violations of the rights and legitimate interests of other convicts are established, which led to the imposition of an unlawful sentence, the court, in compliance with the rules provided for in this Code, has the right to cancel or amend them also in parts that have not been appealed or reviewed at the appeal request of the prosecutor and in respect of persons about whom the complaint, the prosecutor's petition is not submitted, if the situation of the convicted person does not worsen.

     The amendment or cancellation of the sentence in respect of persons about whom the complaint or the prosecutor's motion has not been filed is allowed only in case of cancellation or modification of the sentence in respect of the person concerned by the complaint or the prosecutor's motion, and only to bring into line the qualification of the actions of other convicts who jointly committed a criminal offense.

     The court has no right to worsen the situation of the convicted person at his request or at the request of his defender or legal representative.

     3. When considering a case based on an appeal or a prosecutor's motion against a verdict of the court of first instance, the court may also, in the absence of private complaints or petitions from the prosecutor, cancel or amend private and other court decisions if they conflict with the decision of the appellate instance taken on complaints or petitions from the prosecutor, or do not comply with the case file and the law.

     4. The decision (verdict) issued on the consideration of appeals, petitions of the prosecutor, objections to them and arguments of the parties, ends the proceedings in this court instance.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases