A person who was in a state of necessary defense is released from administrative responsibility.
According to part 1 of Article 35 of the Administrative Code, a person who has caused harm to another person, but who was in a state of necessary defense, is exempt from administrative liability. To do this, the following conditions must be present: - harm is caused while protecting the person, home, property, land plot and other rights of the defender or other persons protected by law interests of society or the state from unlawful encroachment by causing harm to the encroaching; - if at the same time it was not allowed to exceed the limits of necessary defense. So, the controller of the gas supply company A. She was brought to administrative responsibility for beatings and other violent acts that caused physical pain to the victim, R., i.e. under part 1 of Article 73-2 of the Administrative Code. The trial established that on March 27, 2018, at about 11 a.m., A., at the call of her colleagues, came to explain the need to repay the debt for gas consumption to consumer R. at the address: 18/1 Zhambyl Avenue, Taraz city.
During the conversation, R. and P., who had joined her, attacked A., grabbed her by the hair, knocked her to the floor and began kicking her. In the process of self-defense against encroachments by the landlady and her friend, A. hit R. with her elbow. Questioned in court, R. confirmed the fact that she and P. were the first to attack A., they grabbed her by the hair and kicked her. Under such circumstances, the SMAS of Taraz city, by a resolution dated May 2, 2018, reasonably terminated the proceedings against A., seeing self-defense in her actions. At the same time, in accordance with part 4 of Article 35 of the Administrative Code, a person who exceeds the limits of necessary defense due to fear, fright or confusion caused by an unlawful encroachment is not subject to administrative responsibility. On March 28, 2018, a protocol was drawn up against B. under part 1 of Article 73-1 of the Administrative Code for beating his mother-in-law A.
At the hearing, it was established that a quarrel had arisen between her and her husband's parents, during which her father-in-law and mother-in-law began to grab her by the arms and beat her. Fearing physical violence, B., defending herself, hit her mother-in-law, beating her. By a decision of the Taraz City Court dated May 16, 2018, the case against B. was discontinued on the basis of part 2 of Article 741 and Chapter 5 of the Administrative Code. It should be noted that at the hearing, victim A. insisted on bringing B. to administrative responsibility. To be fair, in this particular case, for the application of the provisions of part 4 of Article 35 of the Administrative Code, the involvement of the other party to administrative responsibility should have been a prerequisite.
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