Additional punishment (deprivation of the right to hold a certain position or engage in a certain activity)
As the study of judicial practice shows, in most cases of the analyzed category, the perpetrators were given this additional punishment. At the same time, there was an unjustified exemption from additional punishment or violations of the rules for adding penalties for a combination of crimes or sentences. Thus, by the verdict of the Turksib District Court of Almaty dated June 18, 2020, K. was found guilty under part 1 of Article 345 of the Criminal Code, and he was sentenced to a fine of 25 MCI. At the same time, no additional mandatory penalty has been imposed in the form of deprivation of the right to hold certain positions or engage in certain activities. The judicial act also does not specify the reason why the court did not impose this measure of punishment. In another case, by the verdict of the Akzhaiksky District Court of the West Kazakhstan Region dated June 29, 2020, he was convicted under part 1 of Article 346 of the Criminal Code (a crime of moderate severity) to 1 year in prison with life imprisonment for the right to drive a vehicle, while serving his sentence in a minimum security penal institution. Previously, G. By the verdict of the same court dated May 6, 2019, he was convicted under part 1 of Article 46 of the Criminal Code (criminal offense) to community service for a period of 100 hours with the deprivation of the right to drive a vehicle for a period of 3 years. The court, taking into account his criminal record, came to the conclusion that the convicted person was sentenced to imprisonment.
Additional punishment (deprivation of the right to hold a certain position or engage in a certain activity)
At the same time, the court, contrary to the requirement of part 5 of Article 60 of the Criminal Code, did not add the unserved additional punishment for the first sentence to the additional punishment imposed for the second sentence according to the rules of part 2 of Article 58 of the Criminal Code on the imposition of punishment for a combination of criminal offenses. The Court of Appeal found that there was no error in the application of the criminal law in this case, since, in accordance with part 2 of Article 79 of the Criminal Code, a person convicted of a criminal offense is recognized as having no criminal record.
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