Attempted criminal offense The Criminal Law does not provide for liability for attempted commission of a misdemeanor and a minor offense
K., who had no previous criminal record, was sentenced under part 1 of Article 187 of the Criminal Code to a fine of 25 MCI. The criminal case was not considered on appeal. The court found K. guilty that on March 6, 2017, while on shift at the livestock base No. 20 of LLP "B", he took out 6 bags of hay worth 450 tenge in a car for the purpose of theft, which caused minor material damage to LLP "B". In accordance with part 3 of Article 24 of the Criminal Code, an attempt is an act committed with direct intent, directly aimed at committing a crime, if the crime was not completed due to circumstances beyond the control of the person. According to paragraph 7 of the normative resolution of the Supreme Court of July 11, 2003 No. 8 "On judicial practice in cases of theft", theft is considered completed if the property is seized and the perpetrator has a real opportunity to use or dispose of it at his discretion. It has been reliably established in the case that K. He tried to steal 6 sacks of hayloft in his car, but was detained by a district inspector. Thus, K. tried to secretly steal feed for his livestock from the base, but his actions were stopped. At the same time, K. He had no real opportunity to use and dispose of the stolen hayloft. Under such circumstances, K.'s actions constitute only an attempt at petty theft, that is, an attempt at a criminal offense.
According to the requirements of part 4 of Article 24 of the Criminal Code, criminal liability is imposed only for attempted crimes of moderate severity, grave or especially grave category, as well as for attempted terrorist crimes. In this regard, K. cannot be held criminally responsible for what he has done, the criminal case is subject to termination due to the absence of elements of a criminal offense in his actions. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court overturned the verdict of the court of first instance against K. and she terminated the proceedings in the case due to the absence of elements of a criminal offense in his actions. The right of K. is recognized. for compensation of damage caused by unlawful criminal prosecution. The Prosecutor General's protest is satisfied.
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