Article 592. The procedure for appealing a decision on the extradition of a person (extradition) CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The decision of the Prosecutor General of the Republic of Kazakhstan or his deputy on the extradition of a person (extradition) may be appealed by the person in respect of whom this decision has been taken or by his defender to the Supreme Court of the Republic of Kazakhstan within ten days from the date of receipt of a copy of the decision.

     2. Upon receipt of the complaint, the administration of the place of detention of the person in respect of whom the decision on extradition has been taken shall forward it to the Supreme Court of the Republic of Kazakhstan within twenty-four hours and notify the Prosecutor General's Office of the Republic of Kazakhstan accordingly.

     3. The Prosecutor General of the Republic of Kazakhstan or his deputy, within ten days from the date of receipt of the notification of the appeal of the decision on the extradition of a person (extradition), shall send to the Supreme Court of the Republic of Kazakhstan materials confirming the legality and validity of the decision taken by him.

     4. Verification of the legality and validity of the decision to extradite a person (extradition) is carried out within one month from the date of receipt of the complaint by a judge of the Supreme Court of the Republic of Kazakhstan in an open court session with the participation of the prosecutor, the person against whom the decision on extradition (extradition) was made, and his lawyer. In exceptional cases, this period may be extended.

     5. At the beginning of the meeting, the chairman announces which complaint is to be considered, explains to those present their rights, duties and responsibilities. Then the applicant and (or) his lawyer substantiate the complaint, after which the floor is given to the prosecutor.

     6. During the judicial review, the judge of the Supreme Court of the Republic of Kazakhstan does not investigate the guilt of the person against whom the decision on extradition has been made, and does not verify the legality of procedural decisions taken by the competent authorities of a foreign state, limiting himself to verifying the compliance of the decision on extradition of this person with the legislation and international treaties of the Republic of Kazakhstan.

     7. As a result of the audit, the Supreme Court of the Republic of Kazakhstan issues one of the following rulings:

     1) recognition of the decision on the extradition of a person as illegal or unjustified and its cancellation;

     2) about leaving the complaint without satisfaction;

     3) to suspend the decision on the extradition of a person until consideration of issues essential to the adoption of this decision, while simultaneously extending the period of detention of the person for a period of at least one month.

     8. The resolution of the Supreme Court of the Republic of Kazakhstan on recognizing the decision on the extradition of a person as illegal or unfounded and its cancellation or dismissal of the complaint shall enter into legal force from the moment of its announcement.

     9. The release of a person in respect of whom the Supreme Court of the Republic of Kazakhstan has issued a decision declaring extradition illegal or unjustified and its cancellation shall be carried out in accordance with the procedure provided for in part ten of Article 589 of this Code.

President    

Republic of Kazakhstan     

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