Evaluating evidence, no one is required to prove their innocence. Irremediable doubts about the guilt of the suspect, the accused, the defendant are interpreted in his favor.

By the verdict of the specialized interdistrict criminal court of the East Kazakhstan region dated June 4, 2019: L., previously, on June 5, 2012, convicted under paragraphs "b" of part 3 of Article 259 of the Criminal Code of the Republic of Kazakhstan, as amended in 1997 (hereinafter referred to as the Criminal Code) to 10 years in prison, by a decision of the Shemonaikha District Court On July 25, 2018, he was released from punishment for an unserved term of 3 years, 3 months, and 8 days, and his criminal record has not been expunged., – He was sentenced under paragraph 3) of part 3 of Article 297 of the Criminal Code to 10 years in prison, on the basis of Article 60 of the Criminal Code, based on the totality of sentences, by partially attaching the unserved part of the sentence according to the court verdict of June 5, 2012, finally to 11 years in prison, while serving his sentence in an institution of the penitentiary system of emergency security. On the basis of paragraph 2) of part 2 of Article 14 of the Criminal Code, a dangerous recidivism of crimes was recognized in L.'s actions. The term of serving the sentence is calculated from August 22, 2018. According to the requirements of Articles 98-1, 98-2 of the Criminal Code with L. A compulsory payment was collected to the Victims Compensation Fund in the amount of thirty monthly calculation indices in the amount of 72,150 tenge. The procedural costs for the conducted expert examinations in the amount of 1,050,507 tenge were attributed to the state. By the verdict of the court, L. was found guilty of illegal possession for the sale of narcotic drugs – "dried marijuana", weighing 1,140.65 grams, on an especially large scale and sale of narcotic drugs – "dried marijuana", weighing 31.75 grams. By the decision of the Judicial Board for Criminal Cases of the East Kazakhstan Regional Court dated July 31, 2019, the verdict against L. was upheld.

In the protest, the Prosecutor General, disagreeing with the judicial acts, indicates that they are subject to cancellation due to the inconsistency of the court's conclusions with the actual circumstances of the case, as well as the incorrect application of the norms of the criminal law. Without disputing L.'s guilt in the illegal sale of "dried marijuana" in a small amount to a person imitating criminal activity under the pseudonym "P", he considers the charge of illegal storage of "dried marijuana" in the garage to be unproven. He believes that the pre-trial investigation body has not ensured the completeness of the investigation, and the involvement of witness M. in the crime under consideration, who has not been brought to criminal responsibility, has not been properly verified. Requests that the verdict and the decision of the appellate judicial board in respect of L. be annulled, and the case be sent for a new judicial review to the court of appeal. According to the court verdict, on August 21, 2018, at about 17:20 p.m., while in the courtyard of house No. 14 on the street. Gagarin Boulevard, Ust-Kamenogorsk, illegally sold to a person imitating criminal activity under the pseudonym "P." a polymer package with a narcotic drug – "dried marijuana", weighing 31.75 gr. for 8,000 tenge. In addition, on August 22, 2018, L. brought "dried marijuana" packed in three plastic bottles to M.'s metal garage, located near house No. 27/2 on Burova St., Ust-Kamenogorsk, and began illegally storing it there for sale. On August 23, 2018, during an inspection of this garage, police officers found and seized a plastic bag with three plastic bottles containing "dried marijuana", with a total weight of 1,140.65 grams, in an especially large size.

The guilt of the convicted L. in the illegal sale of narcotic drugs – "dried marijuana", weighing 31.75 grams. to a person under the pseudonym "P.", it is fully proved by the materials of operational search activities using technical means for conducting an operational purchase with the participation of a person under the pseudonym "P.", protocols of inspection, handing over of funds and a set of recording devices for recording the course of an unspoken control purchase and its results dated August 21, 2018, the protocol of voluntary issuance of narcotic drugs the means and technical means of audio-video recording, the protocol of examination of a living person, the testimony of a person imitating criminal activity under the pseudonym "P.", witnesses-witnesses of A., Zh., the conclusion of the forensic chemical examination, as well as other case materials. The testimony of the witness under the pseudonym "P." about the fact of L. selling narcotic drugs to him is also objectively confirmed by the content of a hidden recording of a conversation between them, recorded by means of special equipment. In these circumstances, the judicial board considers the conclusions of the court of first instance on the guilt of convicted L. in the illegal sale of narcotic drugs weighing 31.75 grams to a person under the pseudonym "P." to be correct. At the same time, an episode of illegal possession for the sale of "dried marijuana", weighing 1,140.65 grams, on an especially large scale, is subject to exclusion from the charges against L., and the proceedings on it are terminated due to the lack of proof of his guilt. Thus, the case materials established that on August 22, 2018, two polymer bundles with a narcotic drug, "dried marijuana," with a total weight of 95.46 grams, were found and seized in the bushes near the garage. On August 23, 2018, during an inspection of the metal garage belonging to M., a plastic bag with three plastic bottles of "dried marijuana", with a total weight of 1,140.65 grams, a plastic bag with seven paper parcels of "dried marijuana", with a total weight of 27.12 grams, a plastic bag with one polymer parcel of "dried marijuana" was found.", weighing 57.65 grams. During the main trial, the state prosecutor excluded L. from the charge of illegal storage of "dried marijuana" in seven paper parcels weighing a total of 27.12 grams in the garage. and the 1st polymer package weighing 57.65 grams, as well as the illegal possession of "dried marijuana" in two polymer packages with a total weight of 95.46 grams, found near the garage in an open area, for lack of evidence. The materials on these facts have been allocated to a separate production. L.'s actions in this episode are qualified as illegal possession for the sale of "dried marijuana" in three plastic bottles with a total weight of 1,140.65 grams. In this case, the main evidence of the guilt of L. According to this episode of the indictment, the conclusion of the molecular genetic examination dated December 6, 2018 No. 6873, according to which the biological material on the plastic bag (object 3-224) is mixed and could have originated from at least four persons. One of the components of this mixture may be biological material L., the probability of this fact is 177.92 times greater than the probability of the origin of biological material from four unknown persons and the absence of biological material in it. From the contents of the above-mentioned expert opinion, it can be seen that object 3-224 is a blue-white bag with the inscription "De facto" with loop handles, marked 3, flushing was done from the outer surface of the package (object 3-224).

Evaluating evidence, no one is required to prove their innocence. Irremediable doubts about the guilt of the suspect, the accused, the defendant are interpreted in his favor.

Whereas it follows from L.'s testimony that on August 10, 2018, on the day of his release from prison, he met with M. in the company of friends and bought clothes for himself, put old clothes in a plastic bag with the inscription "De facto", there were four such bags. Then they went to the garage belonging to M., where he burned his old clothes. At the same time, it assumes that the package was left near or inside the garage. "P." does not deny the fact of the sale of narcotic drugs, but indicates that he acted as an intermediary in the purchase and sale of narcotic drugs, since the marijuana belonged to M., the funds from the control purchase in the amount of 8,000 tenge were transferred to them by M. The marijuana seized from the garage does not belong to him. From the moment of his release from prison to his detention, he was at large for only a few days, the city of Ust-Kamenogorsk is not familiar to him. These indications are L. Objectively, the case materials have not refuted, in particular, the fact that he brought his old clothes in a package marked "De facto". According to the arrest report, on August 22, 2018, L. and M. were detained by police officers near the garage belonging to M., located next to the latter's house. On the ground, in an open area near the garage, "dried marijuana" was found and seized in two polymer bundles weighing 95.46 grams. During a personal search of L. nothing illegal was found, the seized money in the amount of 1,700 tenge did not match the bills handed to the person under the pseudonym "P." for the purchase of drugs. During a personal search of M., "dried marijuana" weighing 7.75 grams was found and seized in his wallet, as well as cash that was not seized and checked against the bills handed to "P.". During the inspection of M.'s garage, "dried marijuana" packaged in seven paper parcels, three plastic bottles and one polymer bag were found and seized in three places. In addition, three plastic bags were found: black with golden stripes, light in color, and also with the inscription "De facto", which contained "dried marijuana." In other cases, narcotic drugs were seized without bags, in particular, where there were seven paper parcels with "dried marijuana", and a black plastic bag with golden stripes was also not seized. Similarly, a polymer package with "dried marijuana" was seized, and the package with the inscription "De facto" (the second package) in which it was stored, an empty bottle in the same package, was also not seized. The case materials established that during the inspection of the garage, all the packages containing narcotic drugs were not seized, numerous empty matchboxes and fragments of newspaper sheets were not seized.

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