A crime against human life and health, murder for hooligan motives, and murder committed on the basis of personal hostility, committed during a quarrel or fight.
By the verdict of the specialized interdistrict criminal Court of the Karaganda region dated July 11, 2012, S., was convicted under paragraph "i" of Part 2 of Article 96 of the Criminal Code to 15 years in prison to serve his sentence in a high-security penal colony. By the decision of the Cassation judicial board of the Karaganda Regional Court of August 28, 2012, the verdict of the court remained unchanged. By the verdict of the court, based on the verdict of the jury, S. was found guilty of unlawfully intentionally causing the death of Yu. for hooligan reasons. When considering the case at the request of the defense, the supervisory judicial board of the Supreme Court of the Republic of Kazakhstan considered that the court's verdict against S. should be changed on the following grounds. It follows from the materials of the criminal case that on January 24, 2012, convict S., being intoxicated, came to an acquaintance of T. to collect a debt from him. As he was leaving his apartment, on the floor of the second-floor landing, he saw a previously unknown Y.S., and began to walk around Y., but with a movement of his foot he soiled his clothes. In response to a remark made to him by Yu. He used obscene language and grabbed S. by the sleeve of his clothes. Then S. inflicted several punches and kicks on Y.'s body. Then, pulling a folding knife out of his pocket, he stabbed them twice in the thigh area and the back of the chest on the right of Yu., who died from his injuries.
A crime against human life and health, murder for hooligan motives, and murder committed on the basis of personal hostility, committed during a quarrel or fight.
In accordance with paragraph 15 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 1 dated May 11, 2007 (as amended and supplemented by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 1 dated April 21, 2011) "On the qualification of certain crimes against human life and health", it is necessary to distinguish between murder for hooligan motives and murder, committed on the basis of personal hostility, committed during a quarrel or fight. When resolving this issue, it is necessary to clarify and take into account the relationship between the perpetrator and the victim, the cause and cause of the conflict, identify who was its instigator, the activity and nature of the actions of both, and other circumstances. The court's conclusions about the murder of S. victim Y. for hooligan motives are not based on the case materials. The court has not given a proper assessment of the established factual data. It is clear from the case file that S., previously unknown to Yu., created a conflict situation in response to a correct remark made to him. As a result of the quarrel and fight, S. committed the murder of Yu. In such circumstances, the supervisory judicial board considered it necessary to reclassify S.'s actions from paragraphs "i" of Part 2 of Article 96 of the Criminal Code to Part 1 of Article 96 of the Criminal Code as murder committed on the basis of personal hostility. When assigning S. the measure of punishment, the supervisory judicial board took into account all the circumstances of the case and information about the identity of the convicted person. In view of the above, the supervisory judicial board of the Supreme Court of the Republic of Kazakhstan has issued a verdict of the specialized interdistrict criminal court of the Karaganda region and a decision of the cassation judicial board of the regional court in respect of S. She changed his actions, reclassified them from paragraph "i" of Part 2 of Article 96 of the Criminal Code to Part 1 of Article 96 of the Criminal Code, according to which she imposed 9 (nine) years in prison, and left the rest of the verdict and the decision of the board unchanged. Petitions of lawyer I. and the convicted S. partially satisfied.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
