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Home / Publications / Failure by parents to fulfill their responsibilities for the upbringing and education of minor children without valid reasons, whose actions contain signs of a crime, entails responsibility

Failure by parents to fulfill their responsibilities for the upbringing and education of minor children without valid reasons, whose actions contain signs of a crime, entails responsibility

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Failure by parents to fulfill their responsibilities for the upbringing and education of minor children without valid reasons, whose actions contain signs of a crime, entails responsibility

The specialized Interdistrict Juvenile Court of the Karaganda region in open court considered the case of an administrative offense under part 2 of Article 111 of the Administrative Code, received from the Kirov Department of Internal Affairs of Karaganda in respect of H. According to the protocol on an administrative offense by the staff of the UIP GDN of the Kirov Department of Internal Affairs of Karaganda, it was revealed that citizen H. without valid reasons, he does not fulfill parental duties for the upbringing of the minor daughter A., born on September 1, 2002, which led to the commission of the minor A. an act containing signs of a crime under Article 96 of the Criminal Code in relation to T., born on April 25, 2004.

In the court session, the offender Ch. she admitted her guilt in full. It can be seen from the case materials that the basis for drawing up a protocol on an administrative offense under Part 2 of Article 111 of the Administrative Code was the commission by minor A. of an act containing signs of a crime under Article 96 of the Criminal Code of the Republic of Kazakhstan, as evidenced by the decision of June 3, 2013 on the initiation of a criminal case on the premeditated murder of T., born on April 25, 2004 and The decision of June 3, 2013 on the recognition of minor A. as a suspect.  After examining the materials of the administrative offense case, the court came to the conclusion that the guilt of the offender Ch. is fully confirmed by the case materials, namely, the protocol on the administrative offense, the decision to institute criminal proceedings on the premeditated murder of T. dated June 3, 2013, the decision to recognize the suspect in the said criminal case as minor A., birth certificate, written explanatory and other case materials. The actions of H. They are correctly qualified under part 2 of Article 111 of the Code of the Republic of Kazakhstan on Administrative Offenses as failure by parents without valid reasons to fulfill their duties to raise and educate their minor daughter A., who is recognized as a suspect in a criminal case initiated into the murder of minor T. When imposing an administrative penalty, the court takes into account the nature of the administrative offense committed, the identity of the perpetrator, and her property status. The court does not find any mitigating or aggravating circumstances. Based on the above, the court recognized Ch. guilty of committing an offense provided for in Part 2 of Article 111 of the Administrative Code, and under this article she was subjected to an administrative penalty with a fine of 20 (twenty) monthly calculation indices, that is, in the amount of 34,620 (thirty-four thousand six hundred twenty) tenge. 

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