Forgery and use of a deliberately forged document
By the verdict of the Karabalyk District Court of Kostanay region dated May 16, 2019: Z., who had no previous criminal record, was sentenced under part 1 of Article 385 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to a fine of 200 MCI in the amount of 505,000 tenge, under part 3 of Article 385 of the Criminal Code to a fine of 20 MCI, in in the amount of 50,500 tenge. Based on part 2 of Article 58 of the Criminal Code, a fine of 200 MCI in the amount of 505,000 tenge was finally imposed by takeover. By the verdict of the court Z. He was found guilty of being deprived of the right to drive a vehicle, on February 2, 2019, in an official document - in a temporary driving permit issued to replace a withdrawn driver's license in 2014, he deliberately corrected the validity date of the document from 2014 to 2019, correcting the number "14" to "19". On the same day, Z. used a deliberately forged document, presenting it to the staff of the BDP DP of Kostanay region. By the resolution of the Judicial Board for Criminal Cases of the Kostanay Regional Court dated June 27, 2019, the verdict was changed. Z.'s conviction is excluded. according to part 3 of Article 385 of the Criminal Code, the application of part 2 of Article 58 of the Criminal Code is also unduly imputed. It is decided to consider Z. convicted under part 1 of Article 385 of the Criminal Code to a fine of 200 MCI, in the amount of 505,000 tenge. The rest of the verdict remains unchanged. The Prosecutor General's protest raises the issue of revoking the decision of the appeals board due to the incorrect application of the criminal law. The court of first instance reliably established that Z. in the certificate for temporary driving of a vehicle issued in 2014, he deliberately corrected the date of its validity, namely, the number "14" to "19", and then used a deliberately forged document, presenting it to traffic police officers. In accordance with Article 385 of the Criminal Code, responsibility for forgery of an official document is provided for in part 1 of Article 385 of the Criminal Code, and for the use of a deliberately forged document in part 3 of Article 385 of the Criminal Code. At the same time, each act is characterized by independent elements of criminal offenses. According to paragraph 5 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 25, 2006 No. 11 "On the qualification of repeated and cumulative criminal offenses", when applying the criminal law, it is necessary to take into account that the totality of criminal offenses is divided into real and ideal.
Forgery and use of a deliberately forged document
The real totality of criminal offenses is formed by the commission by one person of two or more criminally punishable acts, each of which contains a specific composition of a criminal offense provided for in different articles (parts of the article) The special part of the Criminal Code. Under the above circumstances, in the actions of Z. There is a real set of criminal offenses, since the forgery and use of an official document are not covered by a single norm of the criminal law and are independent elements of criminal offenses. Thus, the actions of Z. it is necessary to qualify according to various parts of Article 385 of the Criminal Code, that is, the forgery of an official document under part 1 of Article 385 of the Criminal Code, and the use of a deliberately forged document under part 3 of Article 385 of the Criminal Code, therefore, the decision of the judicial board is subject to cancellation, the verdict of the court of first instance must remain unchanged. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court overturned the decision of the appellate court, upholding the verdict of the court of first instance in respect of Z. The Prosecutor General's protest is satisfied.
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