False denunciation and giving false testimony

By the verdict of the Kapshagai City Court of the Almaty region dated December 20, 2016, Zh., who had no previous criminal record, was sentenced under part 2 of Article 419 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 1 year of restriction of freedom, under part 1 of Article 420 of the Criminal Code to 2 years of restriction of freedom. Based on part 3 of Article 58 of the Criminal Code, by absorbing a less severe punishment with a more severe one, 2 years of restriction of freedom were finally imposed. The case was not considered on appeal. By the verdict of the court of J. He was found guilty of knowingly falsely denouncing the commission of a crime, as well as of knowingly giving false testimony to the victims during the pre-trial investigation. By the resolution of the Kapshagai City Court of the Almaty region dated March 7, 2017, based on paragraphs 1, 3 of Article 4 of the Law of the Republic of Kazakhstan dated December 13, 2016 "On Amnesty in connection with the twenty-fifth anniversary of Independence of the Republic of Kazakhstan", the unserved part of the punishment in the form of restriction of liberty imposed by J. By the verdict of the Kapshagai City Court of Almaty region dated December 20, 2016, it was reduced by half and 1 year was set for further service. In the appeal, the Prosecutor General of the Republic of Kazakhstan, without disputing the correctness of the court's determination of the factual circumstances of the case, believes that the court's verdict should be changed due to the incorrect qualification of the convicted person's actions. Requests that the sentence be changed, that his conviction under part 1 of Article 420 of the Criminal Code be annulled and that the criminal prosecution be terminated due to the absence of elements of a criminal offense in the actions of the convicted person, and that the application of part 3 of Article 58 of the Criminal Code be excluded.

False denunciation and giving false testimony

Count Zh. convicted under part 2 of Article 419 of the Criminal Code to the 1st year of restriction of freedom. The court's conclusions on J.'s guilt The deliberately false denunciation of the commission of a crime is based on comprehensively, fully and objectively researched evidence, consistent with the factual circumstances of the case established at the court session. The evidence confirming the convict's guilt has been obtained in accordance with the procedure established by the Criminal Procedure Law, is reliable, acceptable and collectively sufficient to resolve the criminal case. The verdict gives them a proper assessment. The court, having reliably established the factual circumstances of the case, at the same time allowed the incorrect application of the criminal law, in this regard, the protest arguments are well-founded. The actions of J. They were qualified by the court according to the totality of crimes under part 2 of Article 419, part 1 of Article 420 of the Criminal Code. However, J. He cannot be held responsible for giving deliberately false testimony, since during the interrogation he was not a victim, but in fact was the person who committed the crime in the form of deliberately false denunciation of the alleged theft of his car. False denunciation and subsequent giving of false testimony by the same person are the realization of a single criminal intent and should not be qualified by the totality of crimes. It follows from the meaning of part 1 of Article 420 of the Criminal Code that a person's testimony must be considered false if it completely or partially distorts the circumstances of the crime committed or other significant circumstances in the case. The testimony of convicted Zh., given during the pre-trial investigation into the theft of his car, does not constitute deliberately false testimony, but is covered by the disposition of part 2 of Article 419 of the Criminal Code, which provides for criminal liability for false denunciation of a crime. A person cannot be held criminally liable twice for the same actions. Thus, the actions of the convicted person should be qualified only under part 2 of Article 419 of the Criminal Code. An incorrect qualification of the convicted person's act is, in accordance with the requirements of paragraph 3) of part 1 of Article 485 of the CPC, the basis for a cassation review of a judicial act that has entered into legal force. In such circumstances, the verdict of the court is subject to change: regarding the conviction of J. according to part 1 of Article 420 of the Criminal Code – cancellation with termination of a criminal case for the absence of elements of a criminal offense in his actions, the application of part 3 of Article 58 of the Criminal Code – exclusion from the sentence.  Zh. He should be considered convicted under part 2 of Article 419 of the Criminal Code by the 1st year of restriction of freedom, due to the expiration of probation control, the sentence should be considered served. According to the notice of the decision to be executed, probation control over the behavior of the convicted person has been established since January 10, 2017, respectively. He served his sentence of 1 year of restriction of liberty on January 10, 2018. Based on the above, the judicial Board for Criminal Cases of the Supreme Court changed the verdict of the court of first instance against Zh.: regarding the conviction under part 1 of Article 420 of the Criminal Code, the sentence was overturned, the criminal case was terminated due to the absence of elements of a criminal offense in his actions. The application of part 3 of Article 58 of the Criminal Code is excluded from the sentence. It is decided to consider J. convicted under part 2 of Article 419 of the Criminal Code to the 1st year of restriction of freedom. Due to the expiration of probation control, the sentence is served. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied. 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases