Illegal organization of gambling business by placing gaming terminals in public places by a group of persons by prior agreement
By the verdict of the court No. 2 of the city of Semey, East Kazakhstan region, dated April 1, 2019: I., who had no previous criminal record, was sentenced under paragraphs 2), 3) of part 2 of Article 307 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 2 years of restriction of liberty. Probation control has been established for a period of 2 years with the assignment of duties not to change permanent residence, not to travel to other localities without the permission of a specialized body overseeing the convict. In accordance with part 1 of Article 44 of the Criminal Code, he was involved in 100 hours of forced labor annually.; Zh., who had no previous criminal record, was sentenced under paragraphs 2), 3) of part 2 of Article 307 of the Criminal Code to a fine of 500 monthly calculation indices in the amount of 1,262,500 tenge to the state income. By the verdict of the court, I. and Zh. were found guilty of illegally organizing gambling business in the period from May 6 to August 24, 2018 by placing gaming terminals in public places of Semey by a group of persons by prior agreement, with the extraction of large-scale income in the amount of 9,408,700 tenge. The criminal case was not considered in the appellate instance. In the protest, the Prosecutor General of the Republic of Kazakhstan, without disputing the evidence of guilt and the qualification of the convicted persons' actions, indicates that the court's verdict is subject to change due to the incorrect application of the norms of the criminal law, which led to the incorrect calculation of the fine. in the amount of 1,262,500 tenge instead of 1,202,500 tenge, as well as due to the fact that compulsory payments to the Victims Compensation Fund have not been collected from the convicts. The guilt of I. and Zh. in the illegal organization of gambling by a group of persons by prior agreement, with the extraction of large-scale income is proved by the materials of the criminal case. This act is correctly qualified under paragraphs 2), 3) of part 2 of Article 307 of the Criminal Code. At the same time, the court in respect of Zh. The amount of the fine in the amount of 500 monthly calculation indices was incorrectly calculated.
Illegal organization of gambling business by placing gaming terminals in public places by a group of persons by prior agreement
According to part 1 of Article 41 of the Criminal Code, a fine is a monetary penalty imposed within the limits provided for by this Code, in relation to this case, in the amount corresponding to a certain number of monthly calculation indices established by the legislation of the Republic of Kazakhstan and in force at the time of the commission of a criminal offense. The criminal offense was committed in 2018. However, in violation of the above provision of the Criminal Code, the court calculated the amount of the fine based on the monthly calculation index of 2,525 tenge, established by subparagraph 4) of Article 8 of the Law of the Republic of Kazakhstan "On the Republican Budget for 2019-2021" for 2019 (2,525 tenge*500=1,262,500 tenge). Subparagraph 4) of Article 8 of the Law of the Republic of Kazakhstan "On the Republican Budget for 2018-2020" for 2018 sets a monthly calculation index of 2,405 tenge. Therefore, the amount of the fine in the amount of 500 monthly calculation indices should be 1,202,500 tenge (2,405*500). The court also violated the requirements of Articles 98-1, 98-2 of the Criminal Code on the recovery of compulsory payments from perpetrators to the Victims Compensation Fund, which entered into force on July 1, 2018, that is, during the commission of a crime by convicted persons. According to Article 98-1 of the Criminal Code, in order to protect the rights and legitimate interests of victims, a compulsory payment in the form of a fixed amount of money established by Article 98-2 of this Code is collected by the court in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on the Compensation Fund for Victims. In accordance with Article 98-2 of the Criminal Code, for crimes of moderate severity, which, by virtue of part 3 of Article 11 of the Criminal Code, include an offense provided for in part 2 of Article 307 of the Criminal Code, a compulsory payment is collected in the amount of 15 monthly calculation indices. In this regard, a compulsory payment to the Victims Compensation Fund in the amount of 36,075 tenge (2,405 tenge*15) is subject to collection from each convicted person in this case. In addition, when establishing probation control over a convicted person, The court imposed duties on him: not to change his permanent place of residence, not to travel to other localities without the permission of a specialized body overseeing the convict.
However, part 2 of Article 44 of the Criminal Code in relation to this case stipulates that probation control includes the performance of duties by a convicted person.: do not change your permanent place of residence, work, or study without notifying the authorized state body responsible for monitoring the behavior of the convicted person. Therefore, it is necessary to bring the verdict in this part in accordance with the law, taking into account the fact that I. was not working or studying at the time of sentencing. The Judicial Board considers that these violations of the criminal law are gross. Based on the above, the judicial Board for Criminal Cases of the Supreme Court changed the verdict of the court of first instance against I. and Zh. and reduced the amount of the fine collected from Zh. to 1,202,500 tenge. I. and Zh. were charged a compulsory payment to the Compensation Fund for Victims of 36,075 tenge each. In the operative part of the sentence, the words "Establish probation control in relation to I. for a period of 2 (two) years and impose duties not to change their permanent place of residence, not to travel to other localities without the permission of a specialized body exercising control over the convicted person" replaced by the words "To establish probation control over convicted person I. for a period of 2 (two) years with the fulfillment of their duty not to change their permanent place of residence without notifying the authorized state the body exercising control over the behavior of the convicted person." The rest of the verdict was left unchanged. The protest of the Prosecutor General of the Republic of Kazakhstan was partially satisfied.
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
