Article 486. Persons who have the right to file a cassation appeal, bringing a protest against the judicial acts of the CPC of the Republic of Kazakhstan that have entered into force, the Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 486. Persons who have the right to file a cassation appeal, bringing a protest against the judicial acts of the CPC of the Republic of Kazakhstan that have entered into force, the Criminal Procedure Code of the Republic of Kazakhstan

Article 486. Persons who have the right to file a cassation appeal, bringing a protest against the judicial acts of the CPC of the Republic of Kazakhstan that have entered into force, the Criminal Procedure Code of the Republic of Kazakhstan

The footnote. The title of Article 486 is as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (effective from 07/01/2022).

1. A cassation appeal for the review of judicial acts provided for in the first part of Article 484 of this Code may be filed by the persons specified in the first part of Article 414 of this Code and other persons whose interests are affected by judicial acts and their representatives.

2. The Prosecutor General of the Republic of Kazakhstan, his deputies, the Chief Military Prosecutor, the Chief Transport Prosecutor have the right to file a protest on the cassation review of judicial acts that have entered into force, both on their own initiative and at the request of the persons specified in part one of this Article, on the grounds specified in Article 485 of this Code.

3. A criminal case may be requested from the relevant court for review in cassation by the Prosecutor General of the Republic of Kazakhstan, his deputies or, on their instructions, regional prosecutors and equivalent prosecutors, as well as the Chief Military Prosecutor, the Chief Transport Prosecutor.

In the case of a criminal case being claimed from the prosecutor, the request of the court of cassation instance for the claim of the case in connection with the receipt of the cassation complaint is subject to execution by the prosecutor within thirty days from the date of receipt of the case by the prosecutor's office.

4. A request for the recovery of a case shall be executed by the court no later than seven days from the date of its receipt by the court. Requests can be sent in writing or in the form of an electronic document.

In the case of a claim for a case, a petition for filing a protest in cassation is subject to consideration by the prosecutor within thirty days from the date of receipt of the case by the prosecutor's office. Due to the complexity or large volume of the case, this period may be extended, but each time for no more than one month.

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