In cases of accelerated pre-trial investigation, the term or amount of the main type of punishment may not exceed half of the maximum term or amount provided for in the relevant article of the Criminal Code.
By the verdict of the District Court No. 2 of the Almaty district of Nur-Sultan dated May 2, 2019: G., who had no previous criminal record, was sentenced under part 3 of Article 24, paragraph 2) of part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 2 years of restriction of liberty with forced labor in places where determined by local executive bodies, in the amount of 100 hours per year, in accordance with paragraph 2) of part 3 of Article 188 of the Criminal Code to 4 years of restriction of liberty with forced labor in places determined by local executive bodies, in the amount of 100 hours per year. Based on part 3 of Article 58 of the Criminal Code, 4 years and 6 months of restriction of freedom were finally imposed by partial addition of punishments, with forced labor in places designated by local executive bodies in the amount of 100 hours per year. Probation control has been established for the entire specified period. The court found G. guilty of repeated theft, as well as attempted theft. The court's verdict was not considered on appeal. In the protest, the Prosecutor General, without disputing the evidence of guilt and the correctness of the qualification of G.'s actions, believes that the court's verdict should be changed due to the incorrect application of the criminal law, which led to the incorrect imposition of punishment. Indicates that the pre-trial investigation has been completed in an expedited manner, according to which the term and amount of the main type of punishment for a committed criminal offense may not exceed half of the maximum term and amount provided for in the relevant article of the Criminal Code. The sanction of part 3 of Article 188 of the Criminal Code provides for punishment in the form of restriction of liberty for up to 7 years or imprisonment for the same period, therefore, half of this period is 3 years and 6 months. Requests that the verdict of the District court No. 2 of the Almaty district of the city of Nur-Sultan dated May 2, 2019 be changed.
G.'s guilt in the commission of the offences charged against him has been fully proven and is not disputed by anyone. G.'s actions under part 3 of Article 24, paragraph 2) of part 3 of Article 188, paragraph 2) of part 3 of Article 188 of the Criminal Code are correctly qualified. The pre-trial investigation of the criminal case has been completed in an expedited manner in accordance with article 190 of the CPC. According to part 3 of Article 55 of the Criminal Code, in cases of accelerated pre-trial investigation, the term or amount of the main type of punishment for a committed criminal offense may not exceed half of the maximum term or amount provided for in the relevant article of the Criminal Code. The sanction of part 3 of Article 188 of the Criminal Code provides for punishment in the form of restriction of liberty for up to 7 years. In such circumstances, the judicial board considers that G. should be sentenced using the rules of part 3 of Article 55 of the Criminal Code, and it should not exceed 3 years and 6 months of restriction of liberty. The Board considers that the court of first instance committed a gross violation of the law during the consideration of the case. The negligent examination of the case file and its consideration on the merits led to the incorrect imposition of punishment. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court changed the verdict of the court of first instance. According to paragraph 2) of part 3 of Article 188 of the Criminal Code, with the application of part 3 of Article 55 of the Criminal Code, the sentence was reduced to 3 years and 6 months of restriction of liberty. According to part 3 of Article 24, paragraph 2) of part 3 of Article 188 of the Criminal Code, the punishment remained unchanged. In accordance with part 3 of Article 58 of the Criminal Code, 4 years of restriction of freedom were finally imposed by partial addition of punishments. The rest of the verdict remains unchanged. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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