Appointment of a penitentiary Institution maximum security of the penitentiary system
By the verdict of the nauryzbay District Court of Almaty dated June 20, 2019: S. previously, on March 2, 2010, he was sentenced to 5 years of imprisonment under the third part of Article 177 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), – to 2 years of imprisonment under Paragraph 2) of the second part of Article 190 of the Criminal Code, serving his sentence in a medium-safe institution of the Penal correction system. Convicted S. victims M., O. in accordance with the law of the Republic of Kazakhstan dated December 13, 2016 "on amnesty in connection with the twenty-fifth anniversary of independence of the Republic of Kazakhstan". By the decision of the Judicial Board of the Almaty city court for criminal cases dated September 4, 2019, the sentence was left unchanged. By a court verdict, S. from April 2016 to September 2018 was repeatedly (8 episodes) found guilty of fraud by deceiving someone else's property and misusing trust. In the protest of the prosecutor general, without arguing the proof of the guilt of the convicted person and the differentiation of his actions, he was asked to change the judicial acts due to the fact that the place of serving the sentence was incorrectly assigned to him. The guilt on the charge brought against S. By Paragraph 2) of the second part of Article 190 of the criminal code is correctly confirmed by a comprehensive, complete and objectively studied set of evidence in the case, and the criminal activity is correctly differentiated. According to the materials of the criminal case S. previously, on March 2, 2010, under Paragraph "B" of part three of Article 177 of the criminal code, he was sentenced to 5 years in prison and actually served his sentence in the Penal correction system. In accordance with paragraph 4) of the third part of Article 79 of the criminal code, this criminal record of S. has not been canceled.
Appointment of a penitentiary Institution maximum security of the penitentiary system
The Judicial Board of the Supreme Court of the Republic of Kazakhstan on criminal cases concluded that the lower court incorrectly assigned the place of serving the sentence to S. This is due to the fact that the court, recognizing that S. had previously been convicted of a premeditated crime of a serious category, did not establish the place of serving his sentence in accordance with the requirements of the criminal law. In accordance with paragraph 3) of part five of Article 46 of the Criminal Code, serving a sentence in an institution of the highest security of the criminal control system is assigned to persons sentenced to imprisonment, who have previously served imprisonment for committing an intentional crime.
In this regard, S. should serve his sentence in the highest security institution of the Penal correction system. The judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan changed the judicial acts of local courts in relation to the convicted S. and appointed him the highest security institution of the Penal correction system for serving a sentence of imprisonment. The rest of the judicial acts were left unchanged. The protest of the prosecutor general of the Republic of Kazakhstan was 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
