Criminal liability occurs only in cases that have serious consequences.
By the verdict of the court No. 2 of the city of Taraz, Zhambyl region, dated February 2, 2016: G., previously not convicted, under part 1 of Article 345 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), the criminal case was terminated in accordance with part 1 of Article 68 of the Criminal Code in connection with reconciliation with the victim through mediation, - convicted under according to Article 347 of the Criminal Code, one year of restriction of liberty with deprivation of the right to drive motor vehicles for a period of 1 year and 6 months, with the establishment of probation control. During the absence of a permanent job, She is involved in forced labor in places designated by local executive bodies, but within a maximum of 240 hours per year. By a court verdict, G. was found guilty of leaving the scene of a traffic accident (hereinafter referred to as the accident), being a person driving a vehicle and violating traffic rules (hereinafter referred to as traffic regulations), which entailed serious consequences in the form of moderate harm to health. The case was not considered on appeal. In the protest, the Prosecutor General, disagreeing with the judicial acts, points out that in the actions of G. There is no corpus delicti, since causing moderate harm to health is not one of the serious consequences that must occur in accordance with part 1 of Article 347 of the Criminal Code. He asks to acquit G. under Article 347 of the Criminal Code for the lack of corpus delicti in her actions. In accordance with article 14 of the International Covenant on Civil and Political Rights, adopted on December 16, 1966 and ratified by the Republic of Kazakhstan on November 28, 2005, everyone who is convicted of any crime has the right to have his conviction and sentence reviewed by a higher court in accordance with the law.
Criminal liability occurs only in cases that have serious consequences.
The basis for the cancellation of the sentence in cassation in accordance with paragraph 1 of part 1 of Article 485 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter - CPC) is the conviction of an innocent person. There is such a basis for the cassation review of judicial acts in this case. According to the disposition of Article 347 of the Criminal Code, criminal liability for leaving the scene of an accident by a person driving a vehicle and violating traffic regulations or operating vehicles occurs in cases that have serious consequences provided for in Articles 345, 346 of the Criminal Code. Paragraph 4) of Article 3 of the Criminal Code provides an exhaustive list of grave consequences in cases where they are not indicated as a sign of a criminal offense. However, no such consequences have been established in this case. According to the conclusions of the forensic medical examinations, E.'s injury in the form of a closed fracture of the proximal epimetaphysis (base) of the 5th metatarsal bone of the left foot with bruising on the back of the foot in the projection of the fracture caused moderate damage to health. Thus, moderate bodily injuries sustained by the victim are not provided for in paragraph 4) of Article 3 of the Criminal Code as serious consequences, which excludes criminal liability under article 347 of the Criminal Code. Consequently, G.'s actions lack the elements of a criminal offense provided for in Article 347 of the Criminal Code, and the sentence is subject to cancellation with the termination of the proceedings on the basis of paragraph 2) of part 1 of Article 35 of the CPC.
The adoption of such a decision in accordance with Chapter 4 of the CPC entails recognition of G.'s right to rehabilitation and compensation for damage caused by her unlawful criminal prosecution, in accordance with the procedure established by law. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court overturned the verdict of the court of first instance against G. The proceedings under Article 347 of the Criminal Code were terminated due to the absence of elements of a criminal offense in her actions. In accordance with the procedure provided for in Chapter 4 of the CPC, it was recognized for the right to rehabilitation and compensation for damage caused by illegal actions of bodies conducting criminal proceedings. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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