Comment to article 309. Jurisdiction of criminal cases to specialized inter-district military criminal courts and military courts of garrisons The Criminal Procedure Code of the Republic of Kazakhstan
1 Specialized inter-district military criminal courts and military courts of garrisons act as a court of first instance.
2 Specialized inter-district military criminal courts have jurisdiction over criminal cases:
1) on especially grave military crimes provided for in Chapter 18 of the Criminal Code of the Republic of Kazakhstan;
2) about other particularly serious crimes committed by military personnel undergoing conscription or contract military service in the Armed Forces of the Republic of Kazakhstan, other troops and military formations, citizens in reserve during their military training, civilian personnel of military units, formations, institutions in connection with the performance of their official duties; or the location of these units, formations, and institutions.
3 The military courts of the garrisons, with the exception of cases within the jurisdiction of the specialized interdistrict military court for criminal cases, have jurisdiction over criminal cases:
1) on military criminal offenses provided for in Chapter 18 of the Criminal Code of the Republic of Kazakhstan;
2) about other criminal offenses committed by military personnel undergoing conscription or contract military service in the Armed Forces of the Republic of Kazakhstan, other troops and military formations, citizens who are in reserve, during their military training, civilian personnel of military units, formations, institutions in connection with the performance of their official duties or in the location of these units, formations, and institutions.
4. During the execution of the sentence, specialized inter-district military criminal courts and military courts of garrisons shall consider the issues referred to in Articles 475 and 476 of this Code in cases referred to their jurisdiction.
5 In the cases provided for by this Code, specialized inter-district military courts and military courts of garrisons shall consider petitions for the initiation of proceedings on newly discovered circumstances in cases referred to their jurisdiction.
By subject, military courts have jurisdiction to consider cases of particularly serious military crimes provided for in Chapter 18 of the Criminal Code of the Republic of Kazakhstan.;
The norms of parts 2, 3 of Article 309 of the CPC also regulate the personal jurisdiction of criminal cases. At the same time, cases of crimes committed by persons of civilian personnel of military units are subject to the jurisdiction of military courts only in cases of their commission by these persons in connection with the performance of their official duties or at the location of military units, formations, institutions.
During the execution of the sentence, the specialized interdistrict military court for criminal cases and the military court of garrisons consider the issues referred to in Articles 475 and 476 of this Code in cases referred to their jurisdiction. In particular, the issues of postponement of the execution of the sentence, as well as issues to be considered by the court that arise during the execution of the sentence.
It is the specialized interdistrict military court for criminal cases and the military court of garrisons for cases within their jurisdiction that reviews judicial acts in order to reopen the case under newly discovered circumstances.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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