Criminal defense in Pre-trial investigations and Trials
As can be seen from the statistics provided, the bulk of the cases considered by the courts were criminal offenses provided for in articles 344, 345, 345-1, 346, 347 of the Criminal Code, less often – articles 344, 348 and 349 of the Criminal Code, the remaining articles of Chapter 14 of the Criminal Code were not considered. The characteristics of the criminal offenses provided for by these norms of the Criminal Code are given above. The study of the adopted judicial acts under this chapter of the Criminal Code as a whole indicates a practice that is close to uniform in terms of the grounds for bringing to criminal responsibility persons who have committed criminal offenses, the imposition of criminal punishment, and the resolution of a civil claim. The cases were considered in compliance with the requirements of criminal and criminal procedure legislation. An analysis of sentencing showed that, compared to the same period in 2019, in 2020, after the Law of December 27, 2019 came into force, courts began to impose custodial sentences more often, despite the absence of any complaints from the victims against the defendants. For example, by the verdict of the Karabalyk district Court of Kostanay region, K. was sentenced under part 1 of Article 346 of the Criminal Code to 6 months in prison with life imprisonment for the right to drive vehicles. According to the verdict, on February 8, 2020, at about 18-30 o'clock in the village of Mikhaylovka, Karabalyk district, K., being a person deprived of the right to drive vehicles, while intoxicated, drove a VAZ-21102 car, state registration plate (hereinafter referred to as GRNZ) With 033 OO 174. Whereas for a similar offense In 2019, punishments were mostly imposed that were not related to isolation from society.
Criminal defense in Pre-trial investigations and Trials
In particular, in 2019, by the verdict of the court No. 2 of the city of Kostanay in the same region dated February 7, 2019, O. was sentenced under part 1 of Article 346 of the Criminal Code to community service for a period of 40 hours with deprivation of the right to drive vehicles for 3 years. This approach to sentencing is conditioned by the legislator's opinion that a harsh measure can serve as a warning to offenders. In addition, the judges themselves believe that tougher penalties for driving under the influence of alcohol will affect the correction of convicts, the opinion and behavior of the public as a whole. If a repeat offense is committed, a more severe punishment is imposed within the scope of the sanction of the article. In accordance with the requirements of the law, the judicial acts studied set out in sufficient detail the circumstances of the crime committed, indicating the specific points of the traffic rules violated by the perpetrator, the harm caused, and the consequences of the offense. Judges generally comply with the general rules for sentencing specified in Article 52 of the Criminal Code: they take into account the severity of the criminal offense, the degree of intoxication of the defendant during the commission of a traffic offense, the nature and extent of the harm caused or possible harm, as well as the impact on the sentencing of persons dependent on the defendant (young children, disabled children, the sole breadwinner of parents-disabled, seriously ill, elderly, etc.), the presence of mitigating and aggravating circumstances of responsibility and punishment. However, there was a case of incorrect application of the criminal law. Thus, by the verdict of the Taldykorgan City Court of the Almaty region dated January 30, 2020, N. was found guilty of committing a criminal offense under part 1 of Article 346 of the Criminal Code (as amended on December 27, 2019). He was sentenced to arrest for a period of 20 days with the deprivation of the right to drive vehicles for 3 years. The prosecutor's appeal motion to bring the sentence into line with the law in the direction of worsening the situation of the convicted person was left without consideration due to missing the deadline for appeal. The verdict was not reviewed in cassation.
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