Gross violation of public order, accompanied by the use of force against citizens, expressed in obvious disrespect for society, for beatings, minor harm to health, hooliganism
The supervisory Judicial Board recognized and canceled the judicial acts of lower courts as illegal and unreasonable due to the absence of signs of hooliganism in the actions of the defendant. By the verdict of the Ayagoz District Court of the East Kazakhstan region dated October 1, 2013: N., not previously convicted, sentenced to 1 year of restriction of freedom by Part 1 of Article 257 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code). The criminal case was not considered on appeal. By the decision of the Judicial Board of Cassation of the East Kazakhstan regional court dated May 6, 2014, the verdict was left unchanged. By the court verdict N. On May 23, 2013, in the school corridor, expressing obvious disrespect for society, combined with the use of force against citizens, he was found guilty of gross violation of public order, hitting the teacher of this school L. with his fist, causing minor harm to health and hooliganism. Convicted N. in his appeal, he indicated that he did not agree with the court's verdict, did not intend to commit hooliganism in a public place, but, on the contrary, his actions were aimed at stopping the victim L., who violated public order and committed hooliganism, did not intentionally beat him, that is, he did not deny that he was touched when he was pushed, he asked to cancel the court's verdict and the decision against him and dismiss the criminal case.
The victim listens to the opinions of L., who asked to leave the judicial acts in relation to the convicted N., cancel the verdict and the decision of the prosecutor, dismiss the case, discuss the arguments presented in the application, thoroughly check the evidence in the criminal case, consider that the force of judicial acts against the convicted N. is subject to cancellation on the basis of the following circumstances. The requirements of Article 24 of the code of criminal procedure of the Republic of Kazakhstan state that a comprehensive, complete and objective study of the circumstances of the case, the court, prosecutor, investigator, INQUIRER are obliged to take all measures provided for by law for a comprehensive full and objective study of the circumstances necessary and sufficient for the correct resolution of the case. Paragraph 4 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated January 12, 2009 No. 3" on judicial practice in cases of hooliganism " states that when distinguishing the use of force with hooligan intentions from the use of force in the course of a conflict or fight caused by personal hostility, one should take into account the nature of the relationship between the accused and the victim, the pretext and reason for the conflict, determine who was the initiator, the pace and nature of the actions of the participants in the conflict, and other circumstances indicating the direction of the accused's intentions.
Based on the answer given by the convicted N. at the court session, on May 23, 2013, at the time of summing up the quarterly grades of students and going to the school principal's office, in the corridor of the school, he heard the voices of school teachers talking next to a booklet dedicated to the holiday "May 9-Victory Day". However, among them L. after hearing daurik say the words:" the celebration of the Great Patriotic War should be removed from the holiday, the war is not the holiday of the Kazakhs, it is the war of the Russians, it is not necessary to celebrate it, and the Uzbeks removed it from the holiday, "when he asked not to speak loudly, thinking that the schoolchildren would not hear this conversation, he, on the contrary, said that" there are no students in the school." According to the conclusion of the forensic medical examination, it was established that the upper lip of the victim L. was bleeding, and the lower lip had crushing injuries, minor damage to health was caused. And in the minutes of the meeting of residents of Barshatas rural district, registered in the case documents, the actions of N. and the victim L. were discussed inside the school building, and the director of the school, who attended that meeting, said that E. had a long feud between N. and L., they often quarreled and quarreled. Also in this issue N. I also discussed at the meeting of the trade union organization of the secondary school named after M., which was held with the participation of L., The participants of the meeting expressed their opinion on this event and spoke about the fact that they had a long feud between them. In accordance with the resolution of the pedagogical Council of the director of this school E. By Order of May 31, 2013, teachers of this school N. and L. issued a warning as a disciplinary sanction. Victim L. in his response at the court session, he indicated that he and N. had a long-standing feud, that they were fighting because they asked him for the money he owed, and that there were no students at the school on the day of the conflict.
It is clearly seen that between the convicted N. and the victim L. There was a long-standing feud, as well as that this incident that took place between the two was directly related to this. In such a context of the case, the conclusions of the courts of the following instances on the presence of signs of hooliganism in the actions of N. do not correspond to the evidence attached to the criminal case and the circumstances established in court. Therefore, since what happened between the two victims was the result of a long-standing feud, the charges are unfounded. In accordance with paragraph 2 of Part 1 of Article 37 of the code of criminal procedure of the Republic of Kazakhstan, in the absence of corpus delicti in his actions, the criminal case was dismissed from production, as well as in accordance with the requirement of Article 42 of the code of criminal procedure of the Republic of Kazakhstan, the right to compensation for damage caused in connection with illegal
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