Deprivation of the right to drive vehicles may be imposed by a court as an additional punishment.

According to the clarifications of paragraph 22 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", deprivation of the right to drive vehicles may be imposed by a court as an additional punishment in accordance with the sanction of the criminal law, regardless of the fact that this person did not have this right or was deprived of it in in accordance with the procedure of administrative penalty by the Verdict of the Alginsky District Court of Aktobe region dated July 21, 2016 B. convicted under part 1 of Article 346 of the Criminal Code to community service for a period of 60 hours, under part 1 of Article 346 of the Criminal Code to community service for a period of 80 hours. On the basis of part 2 of Article 58 of the Criminal Code, for a combination of criminal offenses, by absorbing a less severe punishment with a more severe one, a punishment was imposed in the form of community service for a period of 80 hours. The execution of the sentence and control over the behavior of the convicted person are entrusted to the probation service of the Alginsky district of the Aktobe region.

Deprivation of the right to drive vehicles may be imposed by a court as an additional punishment.

In accordance with paragraph 4 of part 1 of Article 91 of the Criminal Code, compulsory medical measures were prescribed in the form of outpatient monitoring and treatment for alcoholism. The procedural costs related to the production of a forensic narcological examination in the amount of 4,978 tenge 36 tiyns were recovered from B. to the state revenue. The case was not considered on appeal. The sentence was executed, and on September 5, 2016, B. served 80 hours of community service. By the verdict of court B. He was found guilty of being a person deprived of the right to drive a vehicle, on May 11, 2016 and June 4, 2016, while intoxicated, he repeatedly drove an Opel Vectra car with the state number D 660 UFM. After hearing the statements of the prosecutor and the lawyer, having studied the materials of the criminal case, and having discussed the arguments of the protest, the board concluded that the sentence should be changed, and the prosecutor's protest should be satisfied on the following grounds. As follows from the case file, by a decision of the Alginsky District Court of the Aktobe region dated September 22, 2015, B. was brought to administrative responsibility under part 1 of Article 608 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code) with the imposition of an administrative penalty in the form of deprivation of the right to drive a vehicle for a period of 3 years. However, on May 11, 2016 and June 4, 2016, B., without a license, drove an Opel Vectra car with the state number D 660 UFM while intoxicated, and was stopped by police officers. According to the conclusions of the medical examination, it was established that on May 11, 2016, B. was in a state of moderate intoxication, and on June 4, 2016, he was slightly intoxicated. Convicted B. He confirmed in court that on May 11, 2016 and June 4, 2016, he really drove an Opel Vectra car with the state number D 660 UFM while intoxicated. Under such circumstances, the court came to the correct conclusion about B.'s guilt and the qualification of his actions under part 1 of Article 346 and part 1 of Article 346 of the Criminal Code of the Republic of Kazakhstan (hereinafter – CC). At the same time, violations of the norms of criminal law were committed when sentencing by the court. The court, having correctly identified B. the main punishment did not take into account the fact that the additional punishment provided for in the sanction of part 1 of Article 346 of the Criminal Code - deprivation of the right to hold certain positions or engage in certain activities for a period of 3 years – is mandatory and, without any grounds, did not impose a penalty in the form of deprivation of the right to drive a vehicle.  According to the clarifications of paragraph 22 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", deprivation of the right to drive vehicles may be imposed by a court as an additional punishment in accordance with the sanction of the criminal law, regardless of the fact that this person did not have this right or was deprived of it in as an administrative penalty. In accordance with paragraph 5 of part 1 of Article 485 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), an incorrect imposition of punishment is the basis for a cassation review of court verdicts and decisions that have entered into force. Based on the above, the judicial board of the Supreme Court for Criminal Cases changed the verdict of the court of first instance in respect of B. and according to the totality of the offenses provided for in part 1 of Article 346 of the Criminal Code, on the basis of part 2 of Article 58 of the CPC, he was given an additional punishment in the form of deprivation of the right to drive a vehicle for a period of 3 years. The rest of the judicial act remains unchanged. The Prosecutor General's protest is satisfied. 

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