Comment to article 453. Powers of the Court of cassation The Criminal Procedure Code of the Republic of Kazakhstan

When preparing a case for a hearing, the judge or the court, when considering a case filed with a cassation appeal or protest, on its own initiative or at the request of the parties, has the right to demand:

1) documents related to the health status, marital status and data on the convicted person's previous convictions;

2) information necessary to determine the effect of the law in time, in space and to determine the correctness of the application by the court of first and appellate instances of the norms of criminal and criminal procedure laws in resolving the case.

It is not the responsibility of the court of cassation to verify the correctness of the establishment of the factual circumstances of the case, both based on the materials available in the case and additionally submitted, and with the conduct of a judicial investigation.

The court of cassation instance checks with respect to the convicted person against whom the cassation complaint or protest was filed, whether the court of first instance and the court of appeal did not violate the requirements of the General Part of the Criminal Code of the Republic of Kazakhstan; whether the actions of the convicted person were correctly qualified by the lower courts; whether the latter was not given a more severe punishment than provided for by the sanction of a specific article, or part of articles  The Criminal Code OF the Republic of Kazakhstan. At the same time, the court of cassation must check whether the lower courts have complied with the requirements of the criminal procedure law when considering a criminal case against this person.

Only in this case, having fulfilled all the above requirements, the court of cassation instance can draw a conclusion about the legality, validity and fairness of the judicial acts under consideration.

2. When preparing for the hearing of a case or directly when considering a case filed with a cassation complaint or protest, the court of cassation instance, on its own initiative or at the request of the parties, has the right to demand the documents or information specified in the commented article: documents related to the health status, marital status and data on the convicted person's previous convictions.; information necessary to determine the operation of the law in time and space and to determine the correctness of the application by the court of first and appellate instances of the norms of criminal and criminal procedure laws in resolving the case (for example, concerning changes in current legislation, etc.).

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

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