Comment to article 311. Jurisdiction of the Military Court The Criminal Procedure Code of the Republic of Kazakhstan
The Military Court acts as a court of appeal and cassation instances.
On appeal, the Military Court hears cases on appeals (private) complaints, protests against sentences and decisions of military courts of garrisons that have not entered into force, specialized inter-district military courts in criminal cases, including those rendered during the consideration of issues specified in Articles 475, 476 of this Code.
In the cassation procedure, the Military Court hears cases on cassation (private) complaints, protests against sentences and rulings that have entered into force, issued by courts of garrisons, specialized inter-district military courts in criminal cases, after their consideration in the appellate instance, as well as verdicts and rulings of the Military Court of Appeal.
In the cases provided for by this Code, the Military Court shall consider petitions for the initiation of proceedings on newly discovered circumstances in cases referred to its jurisdiction.
1. The Military Court shall consider on appeal (private) appeals and protests against sentences and decisions of military courts of garrisons and specialized inter-district military courts in criminal cases that have not entered into force (see Article 309 of the CPC).
2. In addition, the military court, in criminal cases referred to its jurisdiction, corrects judicial errors in the order of reopening the case due to newly discovered circumstances.
The Military Court, in cassation, in criminal cases referred to its jurisdiction, examines cases after their consideration in the appellate instance, as well as verdicts and decisions of the Military Court of Appeal.
The military court, in criminal cases referred to its jurisdiction, reviews judicial acts in the order of reopening the case due to 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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