Found guilty of receiving a bribe and tempting to give a bribe
By the verdict of the District Court No. 2 of Maktaaral District of South Kazakhstan region dated December 14, 2016 B. previously not convicted, with confiscation of property under Part 1 of Article 366 of the Criminal Code, life deprivation of the right to hold managerial positions in state organizations and institutions in the field of Education, a fine of 5,000,000 tenge in the amount of fifty times the amount of a bribe, Part 3 of Article 24 of the Criminal Code, Part 2 of Article 366 of the Criminal Code, life deprivation of the right to hold managerial positions in state organizations and institutions in the field of education, in the amount of sixty times the amount of a bribe 20,338,800 "I don't know," he said. In accordance with Part 3 of Article 58 of the criminal code, the final property of B. was confiscated, deprived of the right to hold managerial positions in state organizations and institutions in the field of education for life, and sentenced to pay a fine of 20,338,800 tenge in the amount of sixty times the amount of a bribe. From B. in favor of the state, procedural costs were collected in the amount of 44,762. 57 tenge. By the court verdict B. Holding the position of director of the state institution "General secondary school named after A. Pushkin", located in the village of Myrzakent, maktaaral district, that is, being a person equated to persons authorized to perform state functions, the witness was found guilty of receiving a bribe in the amount of 100,000 tenge from T., as well as an attempt to take a bribe in the amount of 1,000 US dollars. By the resolution of the judicial board for criminal cases of the South Kazakhstan Regional Court of February 15, 2017, the court verdict was changed, the criminal activity of B. was re-differentiated from Part 3 of Article 24, Part 2 of Article 366, Part 4 of Article 28 of the Criminal Code, Part 2 of Article 367, according to which the property was confiscated, depriving him of the right to hold managerial positions in state organizations and institutions in the field of education for life, 338,000 tenge 98 tiyn thirty times the bribe, that is, a fine of 10,169,400 tenge was imposed.
Found guilty of receiving a bribe and tempting to give a bribe
On the basis of Part 2 of Article 58 of the Criminal Code, a fine of thirty times a bribe, i.e. 10,169,400 tenge, was imposed on the totality of crimes with the imposition of a final less severe punishment for a more severe punishment, with the confiscation of B.'s property and the deprivation of the right to hold managerial positions in state organizations and institutions in the field of education for life. House No. 49, bektasova Street, Myrzakent Village, Maktaaral district, owned by B., was released from the pledge and the relevant documents were returned.The other part of the sentence is left unchanged. On August 31, 2016, B. was found guilty of receiving a bribe in the amount of 100,000 tenge from T. and luring him to give a bribe in the amount of 1,000 US dollars to persons equated to persons authorized to perform state functions. B.'s guilt is fully supported by evidence collected in the case and examined at the court session, which is scandalous, complete, objectively evaluated and investigated, which does not raise any doubts in terms of consistency. By the conclusion of the video Phonographic examination of the complex Court No. 3522 dated September 27, 2016, it was established that the voice and word of a person marked "G" in the studied Phonogram No. 1 belong to the voice and word of B. Judging by the words between B. and T. In this Phonogram and their aforementioned testimony, the convicted B. It is indisputable that on August 31, 2016, after receiving 100,000 tenge from T. as a bribe, the latter said that in order to replace his sister K. as a teacher, 1,000 US dollars should be bribed as a bribe to his colleagues and himself, that is, Persons equated to persons authorized to perform state functions, T. was tempted to bribe persons equated to persons authorized to perform state functions. Therefore, the criminal acts of B. are correctly differentiated by Part 1 of Article 366, Part 4 of Article 28 of the criminal code, Part 2 of Article 367 of the criminal code. When imposing a sentence on B., The court took into account the presence of a minor child under his dependent as criminal liability and mitigating circumstances, disability of the 3rd Group, sincere remorse for the crime committed, confession, positive characterization. However, when the court imposed the main punishment on B., It did not apply to him 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" (hereinafter referred to as the law on amnesty), which violated the requirements of the law. Women who have a minor child, are disabled or have committed a crime of moderate severity over the age of 50 are exempted from the basic punishment in accordance with parts 2, 3, 4 of Article 2 of the amnesty law. According to Article 11 of the Criminal Code, the criminal acts committed by B. belong to the category of crimes of moderate severity. From the documents attached to the case, it was established that B. is a disabled person of Group III, is over 50 years old and has one minor daughter. On the basis of the above, the Judicial Board of the Supreme Court of the Republic of Kazakhstan on criminal cases amended the judicial acts of local courts against convicted B. and released him from the main punishment imposed on the basis of Parts 2, 3, 4 of Article 2 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" and Part 4 of Article 28, Part 2 of Article 367, part 1 of Article 366 of the criminal code. The rest of the judicial acts were left unchanged, and the petition of B. was partially satisfied.
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