Improper imposition of punishment under art.188 part 1 of the Criminal Code of the Republic of Kazakhstan Theft
S. was sentenced under art.188 part 1 of the Criminal Code to 1 year and 4 months of imprisonment.
By a court verdict, S. was found guilty of secretly stealing someone else's property.
The case was not reviewed on appeal.
The Court of Cassation changed the verdict on the following grounds.
According to art. 55 part 1 of paragraph1) Of the Criminal Code, if the article of the Criminal Code by which the person is found guilty provides for a less severe type of punishment than imprisonment, imprisonment is not imposed upon conviction of a person for committing a crime of moderate severity in the case when the person voluntarily reimbursed property damage, made amends for moral and other harm caused by the crime.
The case materials established that during the pre-trial investigation, based on the confessions of S., who indicated where and to whom the cell phone was sold, it was subsequently seized and returned to the victim, and the value of the stolen bicycle was returned before the case was considered in court. As a result, the victims have not been sued.
In such circumstances, the board comes to the conclusion that it is necessary to compensate damages in the case.
On the basis of art.55, part 1, paragraph 1) of the Criminal Code of S., a sentence was imposed under art.188, part 1 of the Criminal Code in the form of restriction of liberty for a period of 1 year and 6 months.
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