Found guilty of open embezzlement of other people's property, threatening the use of non-hazardous force to life and health
By the verdict of the Enbekshi District Court of Shymkent dated March 16, 2020: M. was not previously convicted, sentenced to imprisonment for 3 years and 6 months by paragraphs 1), 2), 3) of part two of Article 191 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), serving a sentence in a medium – security institution of the Penal correction system. The term of serving the sentence is calculated from March 16, 2020; B. not previously convicted, sentenced to 3 years of imprisonment by paragraphs 1), 2), 3) of part two of Article 191 of the criminal code, serving the sentence in a medium-sized Security Institution of the Penal correction system. The term of serving the sentence is calculated from March 16, 2020. The issue of physical evidence is resolved in accordance with the procedure established by Article 118 of the Code of Criminal Procedure of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code). By the verdict of the court, M. and B. were found guilty of open embezzlement of other people's property by preliminary collusion of a group of persons, repeatedly threatening the life and health of the victims with the use of non-hazardous force. By the decision of the judicial collegium for criminal cases of the Shymkent City Court of May 6, 2020, the verdict was changed. From the descriptive-motivational and resolution parts of the sentence M. part of the qualification and recognition of Guilt By Paragraph 1) of the second part of Article 191 of the criminal code (using force that is not dangerous to the life or health of the victim or threatening the use of such force) is excluded. The rest of the sentence is left unchanged.
In the petition of the lawyer U., The convicted persons did not dispute the evidence of the guilt of M. and B. and the differentiation of criminal offenses, taking into account that they recognize their actions, sincerely repent, ask the victims to pardon them and impose a punishment that does not deprive them of their freedom, change the judicial acts and impose a punishment that does not deprive them of their freedom. In turn, the lawyer of the victim L., Ch., G. in the petition of A. The Appeal Court board of the victims M. and B. the convicts asked M. and B. to change the judicial acts, imposing a non-custodial sentence. As it turned out in the case, M., B., S. and K. were convicted in November 2019 by a preliminary conspiracy of a group of people, several times for the open embezzlement of mobile phones and money, threatening the life and health of the victims L., Ch., G. with non-hazardous use of force. The criminal actions of the defendants are properly ranked by paragraphs 2) and 3) of the second part of Article 191 of the criminal code. M. when assigning the type and amount of punishment to B., The lower courts made the correct decision not to apply conditional or restrictive punishments to them, taking into account the circumstances mitigating and aggravating their crime, as well as the fact that the crime committed belongs to the category of serious crimes, the minors of two victims, the goals of repeatedly committing serious crimes by the defendants. The Judicial Board of the Supreme Court of the Republic of Kazakhstan on criminal cases convicted M. I left the judicial acts of local courts in relation to B. unchanged, and the lawyers dismissed the petitions of I and A.
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