Comment to article 417. The procedure for bringing appeals (private) complaints, protests The Criminal Procedure Code of the Republic of Kazakhstan

Appeals (private) complaints and protests are brought through the court that passed the verdict or resolution. Appeals (private) complaints, protests received directly by the appellate instance, are subject to referral to the court that issued the verdict, resolution, in order to comply with the requirements of Article 420 and part two of Article 421 of this Code.

The verdict or decision rendered during the retrial of the case may be appealed or protested in the same manner.

The procedure for bringing appeals (private) complaints and protests established by Part 1 of Article 417 of the CPC is based on a certain logic and should not be violated. Bringing complaints and protests in the manner prescribed by law logically implies notifying the parties of their submission by the court that issued the verdict, as well as suspending the execution of the sentence by the same court. It would be unjustified if these functions were assigned to the court of appeal. The procedure for bringing complaints and protests against the verdict also includes the beginning of a preventive nature for the procedural activities of the court of first instance. The lawful and justified, correct conduct by the court of first instance of the main trial, as a general rule, always excludes the grounds for reviewing the verdict in the case.

2. For the law, in the sense of Part 2 of Article 417 of the CPC, the status of the verdict or resolution (issued for the first time or repeatedly) does not matter. The main condition for its review on appeal is its non–entry into force at the time of filing a complaint or protest by a party to the case.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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