Illegal entry into his dwelling in order to steal property, assault with the use of weapons, violence dangerous to life and health, causing serious harm to his health, using force against him, threatening to kill him, having sex against his will and deliberately killing him in combination with rape in order to hide the crime he committed

The supervisory judicial board found that there is no reason to reduce the sentence of life imprisonment assigned to the convicted person, taking into account the nature and degree of danger to society of crimes, the responsibility of the convicted person and the circumstances mitigating and aggravating the punishment. By the verdict of the Specialized Interdistrict court for criminal cases in Zhambyl region dated October 25, 2013: t., not previously convicted, the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as – Criminal code) on the basis of Part 3 of Article 24, Part 2 of Article 175 "B, B", part 56 of Article 3 of the Criminal Code with confiscation of property and imprisonment for 3 Years, Part 2 of Article 175 with confiscation of property and imprisonment for 5 years,Part 2 of Article 179 with confiscation of property and imprisonment for 8 years, part 24 with confiscation of property Part 3, paragraphs 2 of Article 96 "a,z,k,h" confiscate property on the basis of Part 3 of Article 56 of the criminal code and sentenced to imprisonment for 15 years,paragraphs 2 of Article 96 "k, h" confiscate property, sentenced to life imprisonment, to 8 years in prison under Paragraph "B" of Part 2 of Article 120, to life imprisonment with confiscation of Final property by partial addition of sentences for a set of crimes in accordance with Part 4 of Article 58 of the Criminal Code, to serve a sentence in a correctional colony of a special regime, to serve the initial five years of punishment in prison.

The court verdict recognizes the rights of civil plaintiffs N. and K. to satisfy civil claims, and explains to them that the issue of the size of their claims is considered in the order of civil proceedings.  By the verdict of the court, T. illegally entered the office premises and secretly stole the property of the victim M.; the victim illegally entered K.'s dwelling with the aim of stealing his property, using a substance used as a weapon, attacking him with violence dangerous to his life and health, causing serious harm to his health, using force against him and threatening to kill him, having sex against his will and deliberately killing him against the right, combined with rape in order to hide the crime committed; ; in order to steal other people's property by conspiring with a group of people, the victim illegally entered the office premises of S., using an object used as a weapon, the victim robbed K. and with a group of people tried to kill him in order to cover up another crime; in order to intentionally kill another person against the right, the victim entered the House of N., tried to kill him and illegally entered the premises of victim E., secretly stealing his property; the victim was found guilty of illegally entering G.'s residential premises in order to steal his property, using an object used as a weapon, committing an attack, killing him in order to hide another crime, repeatedly causing unlawful intentional death to another person, and attempting to kill two people in order to hide another crime.

By the decision of the Appellate Judicial Board of Zhambyl regional court, the verdict of the court of first instance, by the decision of the Cassation Judicial Board of this court, the verdict of the court of First Instance and the resolution of the Appellate Judicial Board are left unchanged. In defense D.'s application to the supervisory judicial board, the defendant T. was pressured by police officers, beaten and confessed to crimes that he did not commit, according to the episode associated with the victim K., the conclusion of a secondary molecular genetic examination No. 281 dated June 13, 2013 is subject to invalidation, since experts found that traces of male sperm found in the wipes taken from the victim belong to blood group 0 (1), and T.'s blood belongs to Group A (2, It has been shown that the fact that the DNA is identical is due only to the fact that the blood type is the same, and therefore the accusation is invalid. At the same time, the victims showed that the guilt of the convicted person on episodes related to N., S., K., Sh., E., G., R. was not proven, the preliminary investigation and judicial investigation were conducted in the direction of the prosecution, the results of the examination and dactyloscopic examination were not fully registered in the case, the fact that the witnesses changed their answers in court caused Therefore, he did not agree with the court rulings against T., asked to cancel them and send the case for reconsideration in a different composition. The supervisory judicial board hears the words of the defense attorney D. in support of the arguments in the petition, the opinions of the prosecutor on leaving the judicial acts in force in relation to the convicted T., conducts a thorough examination of the evidence in the criminal case, considers that the verdict and decisions of the court in relation to the convicted T. are subject to

The guilt of the convicted T. of committing a crime in the case specified in the sentence is confirmed by a comprehensive and fully studied set of evidence at the main trial, the victims are M., N., S., K., Sh., E. it is proved by the statements of the convicted person on the confession of his guilt and the answers on the confession of guilt submitted by R. in advance and at the court session, video tapes of the investigation, the receipt and consideration of physical evidence, presentation for recognition, confrontation with witnesses and victims, protocols of examination at the scene, conclusions of forensic medical examinations conducted in the case. According to the videotape studied at the court session on the episode involving the victim K. in the response of T. as a suspect, in July 2011, at about 23-00, a neighbor K. was drunk.it was then that the victim took the phone and shouted: "militia, militia", he took the armature lying in the room at the entrance and hit him in the face, K. defended himself with his hands and fell to the floor, threatened to "kill" him and had sex.  Then he was told that he was beaten in the nose, face and chest with iron fittings, the victim was unconscious, he himself threw the iron in his hands into the yard and went to his house to lie down. According to the episode related to N., the convicted T. in his statement of confession dated July 9, 2013, that is, in 2011, he broke into the door of the library located on Tuebekov Street in the city of Shu, stole a camera from a safe and committed this criminal act when asked in the presence of a lawyer as a suspect.  According to the episode related to S. and K., That is, on April 15, 2013, in the statement of T. to admit his guilt, in February 2012, zh.  at night, he went to the hotel of the village of Tole bi, first entered the stove-burning room, beat the stove-burning man, tied him with an iron wire, then entered the hotel, stole a mobile phone, 3-4 packs of cigarettes, a kitchen knife from the bar, showed that a woman came out in front of him, beat him several times on the head and body with a knife and ran away. In the response of the victim Sh. at the trial, that is, when he was sitting with his son in his house around 03.30 on May 25, 2013, the convicted T. he jerked open the front door of the house, burst into the House, threatened them with a knife in his hand and demanded that they leave the House. Finally, he said," I'll show you what scared me now, " and went out in anger. However, she was afraid of what he had done and hid with her son in the next room and locked the door. At this time, the lights in the house were turned off. T. showed that he smashed the door with a heavy object, hit him 3-4 times in the head and body with an object in his hand, fell bleeding as a result of the blow received, regained consciousness only in the hospital.

In the response of the victim R., That is, about 03.00 hours on April 6, 2013, someone hit and knocked on the door of the house, he woke up from his slamming, when he got up, there was no light in the house, his wife G. he dressed and looked in the direction of the door, showed that he was asleep, after waking up he saw T., Then he threatened him, said "Davai Dengi", demanded money and slapped him in the face, he lost consciousness, after a while he came to his senses and saw his wife G. lying unconscious on the floor, called his neighbors for help, they took him to the hospital, where the police officers showed photos of several people, showed that he recognized T. The supervisory judicial board considers that there are no grounds for invalidating the conclusions of the forensic examination carried out in the case due to the fact that they are sufficiently justified, correct and complete.

The actions of T., assessed by the court in accordance with the requirements of the law on the accumulated evidence in the case and convicted,are subject to Part 3 of Article 24 of the Criminal Code, items "B,B" of Part 2 of Article 175, items "B,B" of Part 2 of Article 175,items "a,b,b, d" of Part 2 of Article 179, items 3 of Article 24,items "a,G,K, H" of Part 2 of Article 96,items 2 of Article 96 it is correctly differentiated by paragraphs "k, h" of the part, Paragraph "B" of Part 2 of Article 120.In relation to the convicted T., the punishment is correctly prescribed, that is, the nature of the crimes committed by him and the degree of danger to society, circumstances mitigating and aggravating liability and punishment are taken into account. On the basis of the above, the supervisory judicial board, guided by paragraph 1 of Part 6 of Article 467 of the Code of Criminal Procedure of the Republic of Kazakhstan, left unchanged the verdict of the court of first instance in respect of T., decisions of the appellate and Cassation judicial boards of the regional court. The petition of the defense D. was dismissed. 

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