Constitutional Court: under equal conditions, subjects of law must be in an equal legal position

Теlegram CС - https://t.me/consot_kz  

 

The Constitutional Court received a request to review the constitutionality of paragraph 1) of part two of Article 484 of the Code of Criminal Procedure.

According to the applicant, the contested provision, which establishes a restriction on the review in cassation of judicial acts in cases of criminal offenses and minor crimes, effectively deprives him of his right to appeal in cassation.

The Constitutional Court reminded the applicant that it had previously reviewed this provision for constitutionality and adopted Regulatory Resolution No. 21-NP of July 14, 2023 https://www.gov.kz/ memleket/entities/ksrk/documents/details/495063?lang=ru, in which it noted that, under equal conditions, subjects of law should be in an equal legal position and pointed out the need to ensure access to the court of cassation regardless of the type of criminal offense and category of crimes.

The Constitutional Court emphasized that, in accordance with this decision, amendments were made to Article 484 of the Code of Criminal Procedure, according to which the court of cassation shall consider cases on cassation appeals regardless of the type of criminal offense and category of crimes, with the exception of judicial acts in cases of criminal offenses considered by the court in summary, conciliation proceedings, or in the manner provided for in Article 382 of the Code of Criminal Procedure.