Embezzlement of funds is the legalization of funds obtained from criminal activities, that is, to involve them in legal circulation.
By the verdict of the Burabay District Court of the Akmola region dated May 21, 2018: U., who had no previous criminal record, was sentenced under Article 177 of the Criminal Code (as amended in 1997) to 5 years in prison, under part 1 of Article 193 of the Criminal Code (as amended in 1997) to 2 years of restriction of liberty. Based on part 3 of Article 58 of the Criminal Code, 5 years of imprisonment were finally imposed by absorbing a less severe punishment with a more severe one. In accordance with Article 63 of the Criminal Code - suspended with a probation period of 2 years. The verdict was upheld by the decision of the Judicial Board for Criminal Cases of the Akmola Regional Court dated July 4, 2018. The court found U. guilty of embezzlement of funds of the State National Natural Park "Burabai" in the amount of 17 543 547 tenge, as well as their legalization. In the protest, the Prosecutor General, without challenging the qualification of U.'s actions under paragraph "b" of part 4 of Article 177 of the Criminal Code (as amended in 1997) and the evidence of his guilt, requests judicial acts regarding the conviction of U. According to part 1 of Article 193 of the Criminal Code (as amended in 1997), the Criminal Code should be abolished, and the proceedings in this part should be terminated on the basis of paragraph 2) of part 1 of Article 3 of the Criminal Code for the absence of elements of a criminal offense in his actions. The court's arguments that U., in order to legalize funds received from criminal activities, that is, to involve them in legal circulation, made a deal to purchase a car in the amount of 1,800,000 tenge, and also repaid a mortgage loan in the amount of 2,000,000 tenge, are unfounded. U.'s actions the purchase of a car and repayment of the mortgage loan for the stolen funds were not related to the legalization of these funds. He only disposed of the funds received as a result of the theft at his discretion.
Embezzlement of funds is the legalization of funds obtained from criminal activities, that is, to involve them in legal circulation.
The simple disposal of criminally acquired property is the goal of any mercenary crime, including embezzlement, which does not require additional qualifications. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court changed the judicial acts of the local courts in relation to Zh. and annulled judicial acts regarding the conviction of U. under part 1 of Article 193 (as amended in 1997) of the Criminal Code, the proceedings in this part were terminated on the basis of paragraph 2) of part 1 of Article 35 of the CPC due to the absence of elements of a criminal offense in his actions.; - the application of Article 58 of the Criminal Code is excluded from the sentence. The rest of the judicial acts remained unchanged. It is decided to count Y. convicted under Article 177 of the Criminal Code (as amended in 1997) to 5 years of imprisonment, with the application of Article 63 of the Criminal Code on probation for 2 years. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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