Expulsion from the country with a ban on entry into the territory of the Republic of Kazakhstan
By the verdict of the court No. 2 of the Esil district of Astana dated January 21, 2019: N., a citizen of the Republic of Uzbekistan, who had no previous criminal record, was sentenced under part 2 of Article 394 of the Criminal Code to a fine of two thousand monthly calculation indices in the amount of 4,538,000 tenge. In accordance with part 3 of Article 62 of the Criminal Code, the time of detention - 180 days - was included in the amount of a fine based on one day of detention for four monthly calculation indices and a fine of 2,904,320 tenge was finally imposed.; T., a citizen of the Republic of Uzbekistan with no previous criminal record, was sentenced under part 2 of Article 394 of the Criminal Code to a fine of two thousand monthly calculation indices in the amount of 4,538,000 tenge. In accordance with part 3 of Article 62 of the Criminal Code, the time of detention, 180 days, was included in the amount of a fine based on one day of detention for four monthly calculation indices and a fine of 2,904,320 tenge was finally imposed. By the Court of N. and T. They were found guilty of organizing illegal migration by a group of people by prior agreement in the period from September 26, 2017 to July 26, 2018 in Astana. The verdict was not considered on appeal. In the protest, the Prosecutor General, without disputing the evidence of the convicts' guilt and the qualification of their actions, asks for the verdict to be changed due to the incorrect application of criminal law in sentencing.
Expulsion from the country with a ban on entry into the territory of the Republic of Kazakhstan
It follows from the materials of the criminal case that N. and T. with a group of persons by prior agreement in the period from September 26, 2017 to July 26, 2018 in Astana organized the illegal migration of citizens of the Republic of Uzbekistan J., N., M., H., N., K., O. and M. to the Republic of Kazakhstan for illegal work experience. Thus, the offense was initiated by the convicts in 2017 and ended on July 26, 2018. However, when imposing a fine of 4,538,000 tenge on convicted persons, the court illegally applied the monthly calculation index set for 2017 in the amount of 2,269 tenge. Whereas it was necessary to apply the monthly calculation index established at the time of the end of the crime, i.e. for 2018, in the amount of 2,405 tenge, and impose a fine of 4,810,000 tenge on them. Based on part 3 of Article 62 of the Criminal Code, the time of their detention was from July 26, 2018 to January 21, 2019, i.e. 180 days, it is necessary to set off the amount of the penalty in the form of a fine at the rate of one day of detention for four monthly calculation indices (2405 x 4 x 180 = 1,731,600 tenge) and finally impose a fine in the amount of 3 078 400 (4 810 000 - 1 731 600 = 3 078 400) tenge for each. In addition, according to paragraph 4 of part 3 of Article 40 of the Criminal Code, an additional punishment in the form of expulsion from the Republic of Kazakhstan of a foreigner or a stateless person may be applied to a person found guilty of committing a criminal offense, along with the main punishment. In accordance with article 51 of the Criminal Code, foreigners are given additional punishment in the form of expulsion from the Republic of Kazakhstan with a ban on entry into the territory of the Republic of Kazakhstan for a period of 5 years.
The convicted T. and N., being citizens of the Republic of Uzbekistan, committed a crime against the order of administration, therefore, the judicial board considers it necessary to impose additional punishment on the convicts in the form of expulsion from the Republic of Kazakhstan with a ban on entry into the territory of the Republic of Kazakhstan for a period of 5 years. Based on the above, the judicial Board for Criminal Cases of the Supreme Court changed the verdict of the court of first instance against N. and T. and, in accordance with part 2 of Article 394 of the Criminal Code, imposed a fine of 2,000 MCI in the amount of 4,810,000 tenge each. Based on part 3 of Article 62 of the Criminal Code, the time of detention from July 26, 2018 to January 21, 2019, i.e. 180 days, is prescribed to be set off as a fine based on one day of detention for four monthly calculation indices and a final fine of KZT 3,078,400 was imposed on them each. N. and T. were also given additional punishment in the form of expulsion from the Republic of Kazakhstan with a ban on entry into the territory of the Republic of Kazakhstan for a period of 5 years after serving the main sentence. Recovered from N. and T. compulsory payment to the Compensation Fund for Victims of 15 MCI in the amount of 36,075 tenge from each. The rest of the verdict was left unchanged. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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