Attempted robbery, that is, in the open theft of other people's property, committed with the use of violence, not dangerous to life and health, by a group of persons by prior agreement.
The court admitted a discrepancy between the conclusions of the descriptive and motivational part of the verdict and the operative part, which affected the correctness of the application of the criminal law. By the verdict of the Shakhty City Court of the Karaganda region dated October 28, 2013: Sh., convicted under paragraphs "a, b" of the second part of Article 178 of the Criminal Code (hereinafter referred to as the Criminal Code) to 5 years of restriction of liberty with the imposition of duties provided for in the second part of Article 45 of the Criminal Code. For the victim K. The right to satisfaction of a civil claim is recognized, with the transfer of the issue of its amount to the court for consideration in civil proceedings. By the verdict of the court of S. He was found guilty of attempted robbery, that is, open theft of other people's property, committed with the use of violence that is not dangerous to the life and health of the victim, by a group of persons by prior agreement. The case was not considered on appeal. After examining the case file on the prosecutor's protest, the cassation board changed the court's verdict on the following grounds. In accordance with article 369 of the Code of Criminal Procedure (hereinafter referred to as the CPC), a sentence is considered lawful if it is passed in compliance with all the requirements of the law. Within the meaning of the law, the sentence must comply both in form and content with the requirements of articles 377-383 of the CPC. According to paragraph 36 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated August 15, 2002 No. 19 "On the verdict", due to the fact that all parts of the verdict together constitute a logically coherent document, the operative part of the conviction must comply with the requirements of Article 380 of the CPC and follow from the introductory and descriptive-motivating parts.
Attempted robbery, that is, in the open theft of other people's property, committed with the use of violence, not dangerous to life and health, by a group of persons by prior agreement.
Meanwhile, the court admitted that the conclusions of the descriptive and motivational part of the verdict did not match the operative part, which affected the correctness of the application of the criminal law. As follows from the descriptive and motivational part of the verdict, the court described the criminal actions of Sh., recognized as proven, as committing an unfinished crime - robbery, whereas in the operative part of the verdict, Sh. was found guilty of committing the completed robbery, which must be brought into line. Under such circumstances, the actions of S. It should be qualified according to the third part of Article 24, sub-paragraphs "a, b" of the second part of Article 178 of the Criminal Code. The evidence on which the convicted person's guilt is based is given in detail by the court in the verdict, and they are permissible and sufficient to convict Sh. in the act charged against him. Punishment of S. It should be determined according to the sanction of this article, taking into account the requirements of Article 52 of the Criminal Code. Based on the above, guided by paragraph 6 of Articles 446-7, 446-8, 446-18, 446-19 of the CPC, the cassation board changed the verdict of the Shakhty City Court of the Karaganda region on October 28, 2013 against Sh.,: his actions from sub-paragraphs "a, b" of the second part of Article 178 of the Criminal Code were reclassified to part three of Article 24, sub-paragraphs "a, in the " second part of Article 178 of the Criminal Code , and 5 (five) years of restriction of liberty were imposed on them , with the following duties: do not change your permanent place of residence, work, or study without notifying a specialized agency, do not visit entertainment establishments, do not leave your place of residence in your free time from study and work, and do not travel to other localities without the permission of a specialized authority. The rest of the verdict remains unchanged.
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