Compensation for damages In criminal proceedings, only claims for compensation for direct damage are subject to resolution. Claims for recovery of lost profits, penalties, and remuneration are subject to consideration in civil proceedings.

By the verdict of the District Court No. 2 of the Yesilsky district of Nur-Sultan dated November 3, 2020: U., previously convicted on September 19, 2014 under paragraph "b" of part 3 of Article 175, paragraph "b" of part 2 of Article 177 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) (as amended in 1997) to 3 sentenced under paragraph 4) of part 3 of Article 190 of the Criminal Code to 3 years and 6 months of imprisonment, under paragraph 3 of Article 24, paragraph 4) of part 2 of Article 190 of the Criminal Code - to 6 months of imprisonment, based on part 3 of Article 58 of the Criminal Code by absorbing a less severe punishment with a more severe one, finally to 3 years and 6 months of imprisonment, with serving the sentence in an institution of the maximum security penal system. On the basis of part 1 of Article 14 of the Criminal Code, a recidivism of crimes was recognized in his actions. The term of punishment is calculated from the date of entry into force of the sentence. The time of detention from July 15, 2020, until the entry into force of the sentence, calculated at one day of detention per day of imprisonment, has been counted towards the term of punishment. The civil claims of the victims have been fully satisfied. From U. 675,000 tenge were recovered in favor of LLP "K", LLP "O" - 263,250 tenge, LLP "M" -848,142 tenge, LLP "MSF" - 1,385,950 tenge, LLP "H" -215,000 tenge, to the state revenue - a duty in the amount of 101,620 tenge, to the Compensation Fund The victims received a compulsory payment in the amount of 53,020 tenge. By the resolution of the Judicial Board for Criminal Cases of the city of Nur-Sultan dated December 22, 2020, the verdict of the court remained unchanged. In the petition, the convicted U. He asks to change judicial acts and reduce the imposed sentence to 3 years and 3 months of imprisonment. He believes that all the circumstances in the case have not been investigated, including there is no evidence that it was he who applied for an online loan.

Compensation for damages In criminal proceedings, only claims for compensation for direct damage are subject to resolution. Claims for recovery of lost profits, penalties, and remuneration are subject to consideration in civil proceedings.

He believes that the jurisdiction of the criminal case has been incorrectly determined. In addition, he claims that civil lawsuits were incorrectly resolved - amounts exceeding the amount of damage were recovered. U.'s fault. the commission of a crime is objectively confirmed by the evidence collected in the case. The court reliably established that U., using copies of identity cards of strangers, opened bank accounts online, then by deceiving the users of the information system - the victims of LLP "K", LLP "O", LLP "M", LLP "MSF", LLP "H" issued loans, and the received loans The funds were transferred to the account of the "Qiwi" wallet, then to the bank account of witness V., after which they were withdrawn from the account. W. himself. During the main trial, he fully admitted his guilt and told about the circumstances of the theft. Witness V. He showed that all the funds credited to his account were received from Representatives of the victims confirmed the established circumstances of the theft of funds through online loans, the amount of material damage caused. The testimony of these individuals is consistent with other evidence: bank statements, phone inspection protocols, and call details. Thus, U.'s guilt in fraud and attempted fraud has been proven. The arguments about the court's violation of jurisdiction are not based on the law. In accordance with parts 1, 2 of Article 314 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), a criminal case is subject to consideration in court at the place where the criminal offense was committed. If a criminal offense was initiated at the place of operation of one court and ended at the place of operation of another court, the case is within the jurisdiction of the court at the place of completion of the investigation. As follows from the case file, the pre-trial investigation was conducted and completed by the Police Department of the Yesil district of the city of Nur-Sultan. Consequently, the criminal case was considered by the District court No. 2 of the Yesilsky district of the city of Nur-Sultan in compliance with the rules of jurisdiction. In accordance with part 1 of Article 52 of the Criminal Code, a person found guilty of committing a criminal offense is given a fair punishment. U. has previously been convicted of a serious crime, and there is a recurrence of crimes in his actions. 45 episodes of criminal activity have been committed in the present criminal case. The damage caused by the crimes has not been compensated. In view of these circumstances, the court reasonably decided to impose a custodial sentence. There are no grounds for reducing the sentence. The type of institution of the penal correction system is correctly assigned.

At the same time, the court made a mistake in resolving the civil claims of the victims. According to part 1 of Article 166 of the Criminal Code, civil claims of individuals and legal entities for compensation for property and moral damage caused directly by a criminal offense are considered in criminal proceedings. That is, in criminal proceedings, claims can only be resolved for compensation of direct damage. Claims for recovery of lost profits, penalties, and remuneration are subject to consideration in civil proceedings. As follows from the verdict of the court, the actions of U. material damage was caused to LLP "O" in the amount of 195,000 tenge, LLP "M" - 730,000 tenge, LLP "MSF" - 1,175,000 tenge. However, the court, resolving the claims of the victims, recovered from U. amounts exceeding the amount of material damage caused: in favor of LLP "O" - 263 250 tenge, LLP "M" - 848 142 tenge, LLP "MSF" - 1 385 950 tenge. At the same time, there is no justification for the amounts charged in the statements of claim. There are no motives for the decision made in the verdict itself. In connection with the above, the amount of compensation for material damage is subject to reduction to the amount established by the descriptive part of the sentence. The rest of the claims explain the right to file a claim in civil proceedings. Based on the above, the judicial Board for Criminal Cases of the Supreme Court changed the judicial acts of local courts in respect of U. The amount of compensation for material damage collected in favor of LLP "M" was reduced to 730,000 tenge, LLP "MSF" - to 1,175,000 tenge, LLP "O" - to 195,000 tenge. The rest of the claims of "M" LLP, "MSF" LLP, and "O" LLP explain the right to file a claim in civil proceedings. The amount of the duty collected from the U. to the state revenue has also been reduced to 89,700 tenge. The rest of the judicial acts remained unchanged. The petition of the convicted U. partially satisfied. 

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