Expiration of the limitation period A person is released from criminal liability if the limitation period has expired since the date of the commission of the criminal offense.
By the verdict of the Burabay District Court of Akmola region dated July 15, 2019: K., who had no previous criminal record, was sentenced under part 3 of Article 385 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to a fine of 25 monthly calculation indices in the amount of 63,125 tenge. By a court verdict, K. was found guilty of having purchased a forged higher education diploma of the ZHB series No. 0050139 dated June 9, 2009 from an unknown man in Kokshetau for 200,000 tenge, issued by the Kokshetau State University named after Sh.Ualikhanov graduated from the specialty "Physical culture and sports". Realizing his direct criminal intent aimed at using a deliberately forged diploma, he submitted this diploma to the education department of the Burabay district and got a job at the State Institution "Secondary School of Nauryzbai Batyr village" of the Burabay district. Thus, K. used a deliberately forged document, i.e. a diploma of higher education. The verdict was not reviewed on appeal. In the protest, the Prosecutor General, without disputing the evidence of the convict's guilt and the qualification of his actions, requests that the proceedings be terminated due to the expiration of the statute of limitations for criminal prosecution. The court correctly established that K. had committed a criminal offense under Part 3 of Article 385 of the Criminal Code, i.e. he had knowingly used a forged document. However, the court did not take into account that, according to paragraph 1 of part 1 of Article 71 of the Criminal Code, a person is released from criminal liability if one year has expired since the date of the commission of a criminal offense. In accordance with part 3 of Article 71 of the Criminal Code, the limitation period for criminal offenses, regardless of the commission of a new criminal offense, is not suspended or interrupted. The criminal offense provided for in part 3 of Article 385 of the Criminal Code is considered completed at the time of using the forged document, i.e. when the document is presented or submitted, regardless of whether the perpetrator has succeeded in obtaining the desired rights or relieving himself of duties.
Expiration of the limitation period A person is released from criminal liability if the limitation period has expired since the date of the commission of the criminal offense.
In the present case, K. used a deliberately forged document for employment on one occasion in 2009. Approximately 10 years have passed since the commission of the criminal offense. Paragraph 11 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On judicial Sentence" dated April 20, 2018 No. 4 states that the courts need to keep in mind that in the event of the expiration of the limitation period for criminal prosecution established by Article 71 of the Criminal Code, the proceedings are subject to termination by issuing a decision based on paragraph 4 of Part 1. articles 35, articles 327 and 343 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) at the preliminary hearing stage or in the main court proceedings. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court overturned the verdict of the court of first instance. Based on paragraph 1 of part 1 of Article 71 of the Criminal Code and paragraph 4 of part 1 of Article 35 of the CPC, the criminal proceedings against K. under part 3 of Article 385 of the Criminal Code were terminated due to the expiration of the statute of limitations for bringing him to criminal responsibility. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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