Cases of accelerated pre-trial investigation
By the verdict of the Aktogay District Court of the Pavlodar region dated June 26, 2018, A., who had no previous criminal record: - convicted under part 3 of Article 24, part 1 of Article 291 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 3 years in prison. On the basis of article 63 of the Criminal Code, the imposed punishment in the form of imprisonment was decided to be considered conditional. Probation control has been established for the entire term of the imposed sentence. The probation service at his place of residence is responsible for monitoring A.'s behavior. The court considered the case in an abbreviated manner. The case was not considered on appeal. By the verdict of the court of A. He was found guilty of being intoxicated on May 31, 2018, at about 12:00 p.m. in house No. 110/2, located at the address: Aktogay village, Mutkenova St., with the aim of stealing other people's property, for selfish reasons, having seen that the owner of the house, M. he does not see him, knowing that the latter has hearing problems, illegally entered the bedroom of an apartment building, secretly stole a firearm from a metal safe - a hunting rifle model "T03-34R", 12 mm caliber, factory number No. U9318445, worth 50,000 tenge, reliably knowing and understanding that this gun it is a firearm.
Cases of accelerated pre-trial investigation
After that, he went to the exit in order to escape with the stolen property from the scene of the criminal offense, however, being in the courtyard of the above-mentioned house, A. was detained by M., and therefore could not carry out his intent to steal someone else's property to the end, due to circumstances beyond his control. In the submission, the Chairman of the Supreme Court, without disputing the evidence of A.'s guilt and the correctness of the qualification of his actions, indicates that the court's verdict is subject to change due to the incorrect application of the criminal law. Based on the provisions of the Constitution of the Republic of Kazakhstan on the equality of all before the law and the court, no one can be found guilty of committing a criminal offense and subjected to criminal punishment except by a court verdict that has entered into force. The court confirmed A.'s guilt in committing the act charged against him with the evidence examined in court, and his actions were given a correct legal assessment. At the same time, the judicial act against A. is subject to change in terms of the imposed sentence. According to part 3 of Article 56 of the Criminal Code, the term or amount of punishment for an attempted crime may not exceed three quarters of the maximum term or amount of the main type of punishment provided for in the relevant article of the Special Part of this Code for a completed crime. The sanction of part 1 of Article 291 of the Criminal Code provides for punishment in the form of imprisonment for a term of 3 to 7 years and three quarters of the maximum term is 5 years and 3 months of imprisonment.
In accordance with paragraph 7 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated June 25, 2015 No. 4 "On certain issues of criminal punishment", when imposing punishment for an unfinished crime, if there are grounds provided for in parts two and three of Article 55 of the Criminal Code, half, two thirds and three quarters of the maximum term and amount should be calculated. the most severe type of punishment, based on the limits established by Article 56 of the Criminal Code. According to part 3 of Article 55 of the Criminal Code, in cases of accelerated pre-trial investigation, as well as in cases where all the conditions of the procedural agreement have been fulfilled, the term or amount of the main type of punishment for a criminal offense may not exceed half of the maximum term or amount provided for in the relevant article of the Special Part of this Code. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court changed the verdict of the court of first instance against A. Convicted A. With the application of part 3 of Article 56, part 3 of Article 55 of the Criminal Code, the sentence under part 3 of Article 24, part 1 of Article 291 of the Criminal Code was reduced to 2 years and 6 months of imprisonment. Probation control is also established for this period. The rest of the verdict remains unchanged. The submission of the Chairman of the Supreme Court of the Republic of Kazakhstan is satisfied.
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