He is found guilty of appropriating, that is, embezzling, causing harm to the state, bribing an authorized person, entrusted by a preliminary conspiracy of a group of persons using his official position
By the verdict of the Abay District Court of Shymkent dated November 14, 2019: C. the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan) – In the civil service, judicial activity, local self-government bodies, the National Bank of the Republic of Kazakhstan and its departments, state organizations and organizations with a state share of more than fifty percent in the authorized capital, including national managing Holdings, National Holdings, national companies, national development institutions, whose shareholder is the state, their subsidiaries, whose voting shares (participation shares) are owned by them more than fifty percent, also impose a fine of 30,000,000 million tenge with a lifetime ban on holding positions in legal entities, more than fifty percent of voting shares (participation shares) of which belong to these subsidiaries, paragraph 1) of part three of Article 367 of the criminal code in law enforcement agencies, civil service, judicial activity, local self-government bodies, the National Bank of the Republic of Kazakhstan, its departments, state organizations and organizations with a state share in the authorized capital of more than fifty percent, among them, he was sentenced to 7 years in prison with a life ban on holding positions in National Management Holdings, National Holdings, national companies, national development institutions, their subsidiaries, whose shareholder is the state, more than fifty percent of voting shares (participation shares) belong to them, as well as legal entities, where more than fifty percent of voting shares (participation shares) belong to these subsidiaries. In accordance with the third part of Article 58 of the Criminal Code, with the imposition of a less severe punishment on a more severe one, it is possible to finally establish the activities of law enforcement agencies, the civil service, judges, local self-government bodies, the National Bank of the Republic of Kazakhstan, its departments, state organizations and organizations with a state share in the authorized capital of more than fifty percent, including national managing Holdings, National Holdings, national companies, national development institutions, the shareholder of which is the state, in their subsidiaries, where more than fifty percent of voting shares (participation shares) belong to them, as well as legal entities, where more than fifty percent of voting shares (participation shares) belong to these subsidiaries, are sentenced to 7 years of imprisonment with a life ban on holding positions, and serving the sentence in a low-security institution of the Penal correction system.
He is found guilty of appropriating, that is, embezzling, causing harm to the state, bribing an authorized person, entrusted by a preliminary conspiracy of a group of persons using his official position
S. and D. jointly collected 2,265,078 tenge for the benefit of the state, S. separately-291,583 tenge. With this verdict, the convicted in T., K. and D., the judicial acts against them are not disputed. By the court verdict S. being materially responsible and equated to the performance of state functions, a person, using his official position, is found guilty of possessing, that is, embezzlement of other people's property entrusted to him by preliminary collusion of a group of persons, causing damage to the state in the amount of 2,265,078 tenge and himself in the amount of 291,583 tenge, as well as by preliminary collusion of a group of persons, bribing a person authorized to perform state functions. By the decision of the Judicial Board of the Shymkent City Court for criminal cases dated March 26, 2020, the court verdict was left unchanged. The conclusion of the court that the convicted S. committed the crimes against him in the circumstances set out in the sentence is based on the evidence that was thoroughly checked and duly evaluated at the court session, which is also not disputed in the protest. The guilt of the convicted S., despite the fact that he did not admit guilt at the main trial, is fully confirmed by the answers of the representative of the victim N., witnesses H., M., R., K., G., convicted T., K. and D. and a set of other written evidence collected in the case. In this case, the judicial board considers that the actions of the convicted D. are correctly differentiated by paragraphs 1), 2) of the third part of Article 189 of the criminal code, and Paragraph 1) of the third part of Article 367. The punishment was justly imposed in compliance with the requirements of Article 52 of the criminal code. There is no reason to simplify it. In Paragraph 1) of Part Five of Article 46 of the Criminal Code, deprivation of Liberty in institutions of the Penal correction system with the lowest possible security: persons convicted of crimes committed by negligence; persons convicted of crimes not related to the use of force provided for in Chapters 7, 8, 9, 12 and 13 of this code; in case of full compensation for damage caused by a crime, it is prescribed to persons convicted of crimes provided for in Chapter 15 of this code; persons convicted for the first time for committing an intentional crime, sentenced to imprisonment for a period of up to two years. As follows from the case materials, S. found guilty, paragraph 1) of the third part of Article 367 of the criminal code refers to the crimes provided for in Chapter 15 of this code. According to the verdict, 6,000,000 tenge issued by S. as a bribe for this crime was returned in general and transferred in favor of the state. Consequently, the damage caused by this crime is fully compensated. And in this case, S. with the second crime found guilty, that is, with paragraphs 1), 2) of the third part of Article 189 of the criminal code, the court imposed a fine on him as the main punishment. The court imposed the final punishment on S. on the basis of the third part of Article 58 of the criminal code by absorbing a less severe punishment with a set of criminal offenses into a more severe punishment, that is, his punishment in the form of a fine imposed by Article 189 of the criminal code is imposed by the sentence of imprisonment imposed by Article 367 of the criminal code. In this case, the judicial board considers the court's decision correct that the sentence assigned to S. is subject to serving in a low-security institution of the Penal correction system in accordance with paragraph 1) of part five of Article 46 of the criminal code. Because he was punished for the second crime in which he was found guilty, that is, in the form of a fine, which is not subject to imprisonment under Article 189 of the criminal code. At the same time, the judicial board appealed to the requirement of the prosecutor general of the first part of Article 13 of the Criminal Code of the convicted S. he is prosecuted for a set of crimes, therefore, he must be criminally liable for each committed Act under the relevant article or part of the article of this code, and considers it contrary to criminal law that he must serve the assigned punishment in a medium-safe institution of the penal system, since the damage caused by the crime provided for by Article 189 of the Criminal Code, which is found guilty. In accordance with the third part of Article 19 of the CPC, doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant. The Judicial Board of the Supreme Court of the Republic of Kazakhstan on criminal cases convicted C.he left the judicial acts of local courts unchanged and dismissed the protest of the prosecutor general of the Republic of Kazakhstan.
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
