of June 29, 2017 No. 5
About procedure for production on criminal cases in cassation instance
Due to the change of the criminal procedure legislation on review of the court resolutions which took legal effect in cassation procedure and for the purpose of its uniform application, the plenary session of the Supreme Court of the Republic of Kazakhstan
decides:
1. Explain that in cassation procedure according to regulations of Chapter 52 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) the sentences which took legal effect and resolutions of Trial Courts, after their consideration in appellate instance, and also sentences and resolutions of Appeal Courts can be reviewed.
In case of withdrawal of petitions for appeal in the procedure established by the law, court resolutions of Trial Court are not subject to revision in cassation instance as were not considered in appellate instance.
If consideration of the case in appellate instance took place according to claims of other participants of process or on the prosecutor's protest, then it does not mean observance by the author of the petition of requirements of article 484 Code of Criminal Procedure about the personal appeal to appellate instance. In consideration cases in appellate instance of petitions for appeal of the defender, representative or legal representative for the benefit of the convict (justified), or the representative or the legal representative for the benefit of the victim, the petitions submitted to convicts (justified) or the victim are subject to revision in cassation procedure, irrespective of their personal appeal to appellate instance.
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The document ceased to be valid since July 1, 2022 according to Item 23 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of March 10, 2022 No. 2