Entice another person to give a significant amount of bribes to an official personally or through an intermediary
By the verdict of the Ayagoz District Court of June 15, 2017, left unchanged by the resolution of the judicial board for criminal cases of the East Kazakhstan Regional Court of August 3, 2017, K., who has not previously been convicted, is sentenced to 1 year of imprisonment without confiscation of property under Part 1 of Article 190 of the Criminal Code, Part 4 of Article 28 of the criminal code, Part 2 of Article 367 of the Criminal Code, to life deprivation of the right to engage in legal activities without confiscation of property for 2 years of imprisonment, on the basis of Part 2 of Article 58 of the civil code of the Republic of Kazakhstan, according to a set of punishments, by absorbing a less severe punishment into a more severe one, without confiscating the final property, deprived of the right to engage in legal activities for life, sentenced to 2 years in prison, serving his sentence in a moderately safe institution of the Penal correction system. The problem of physical evidence has been resolved. By the verdict of the court, K. was found guilty of seducing and by other means persuading another person to give a significant amount of bribes to an official personally or through an intermediary, and of abusing, deceiving and fraudulently obtaining the property of the victim, his trust. The guilt of the convicted K. in committing this criminal offense is fully proven by the testimony of the victim, witnesses, inspection of the scene, receipt of physical evidence, factoring, protocols of investigative actions, conclusions of forensic examinations, as well as other evidence accumulated in the case. According to the expert's conclusion No. 585 dated February 22, 2017, the text of the notes submitted for the study, a common, mutually understandable topic among the participants of the dialogue and the texts of the objects submitted for the study contain accurate information about the receipt of funds by K. in order to solve the problem of an individual entrepreneur A.
Entice another person to give a significant amount of bribes to an official personally or through an intermediary
It is shown that in their mutual conversation there are no semantic components about the repayment of any debt related to the money borrowed earlier. In addition, the sample of the voice in the Phonogram presented for the study was found to belong to the voice and speech of K. and there are utterances from the words of K. that are of the nature of incitement to bribe an official. In accordance with the requirements of Article 125 of the criminal code, the court gave a reasonable assessment of each evidence in terms of its relevance, admissibility, reliability, and sufficiency of all accumulated evidence in its totality to resolve a criminal case. In this context of the case, the court gave a legally sound assessment of K.'s actions and correctly ranked them with Part 1 of Article 190, part 4 of Article 28 and Part 2 of Article 367 of the criminal code. Under these articles, the type of the main punishment and its size are correctly assigned. However, the court, when imposing an additional type of punishment provided for by the sanction of differentiated articles of the actions of the convicted person, made a mistake in assigning K. an additional punishment in the form of deprivation of the right to engage in legal activities for life. The criminal acts committed by K., convicted in accordance with paragraph 3 of Article 29) of the criminal code, are classified as corruption crimes. And, Part 2 of Article 50 of the Criminal Code states that for committing corruption crimes, deprivation of the right to hold a certain position or engage in a certain activity is mandatory, and this applies to the civil service, judicial activity, local self-government bodies, the National Bank of the Republic of Kazakhstan and its departments, state organizations and organizations with a state share of more than fifty percent in the authorized capital, including national managing Holdings, National Holdings, national companies, national development institutions, the shareholder of which is the state, it is specified that more than fifty percent of voting shares (participation shares) consist of a lifetime ban on holding a position in their subsidiaries owned by them, as well as in legal entities owned by more than fifty percent of voting shares (participation shares) owned by these subsidiaries. That is, the said criminal law norm stipulates that it prohibits for life from the right to hold certain positions only in state or equivalent positions. Consequently, when the court of first instance imposed an additional type of punishment on K., It was necessary to deprive him of the right to engage in civil service for life in accordance with Part 2 of Article 50 of the criminal code, without depriving him of the right to engage in legal activities for life. The judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan amended the judicial acts of local courts in relation to the convicted K. and canceled the part of their imposition on K. of additional punishment in the form of deprivation of the right to engage in legal activities for life. It includes public service, judicial activity, local self-government bodies, the National Bank of the Republic of Kazakhstan and its departments, state organizations and organizations with a state share of more than fifty percent in the authorized capital, including National Management Holdings, National Holdings, national companies, national development institutions, their subsidiaries, in which more than fifty percent of voting shares (participation shares) belong to them, it was also forbidden for life to hold positions in legal entities, more than fifty percent of the voting shares (participation shares) of which belong to these subsidiaries.
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