Legality and validity of the sentence

The guilty verdict is based on a set of convincing evidence that is directly investigated and objectively evaluated in the main trial, which is not questioned in terms of consistency. By the verdict of the specialized Inter-District Court for criminal cases of the Almaty region dated January 12, 2021: N. previously not convicted, sentenced to 12 years of imprisonment under Paragraph 5 of part two of Article 125 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the criminal code), life imprisonment with the fourth part of Article 120 of the criminal code, life imprisonment with the fourth part of Article 121 of the criminal code. In accordance with the fourth part of Article 58 of the criminal code, with a set of crimes, a final life sentence is established and the sentence is served in an emergency safe institution of the Penal correction system. In favor of the legal representative of the victim D. N., property damage in the amount of 150,000 tenge, moral damage in the amount of 10,000,000 tenge, state duty in the amount of 2,958. 50 tenge to the state revenue, forced payment to the Victim Compensation Fund of the Republic of Kazakhstan in the amount of 30 MCI, that is, 79,530 tenge. By the verdict of the court, N. knowingly was found guilty of kidnapping a minor, using force against a young child, using his helpless state due to age, committing sexual acts, and using force against a young child, using his helpless state, and committing other acts of a sexual nature. By the decision of the Judicial Board of the Almaty regional court for criminal cases dated April 7, 2021, the sentence was left unchanged.

Convicted N. and lawyer K. in their petitions, in disagreement with the judicial acts against N., the video recording of the victim S.'s response during the pre-trial investigation shows that from S. There are no signs of violence, moral torture, depression, sitting absolutely calmly, as if nothing had happened, the mother corrects her daughter's testimony, from which it is confirmed that she did not commit any violent acts against the victim, the answers of witnesses contradict the materials of the criminal case, the judicial investigation was not carried out in full, the court's conclusion did not correspond to the actual circumstances of the case and was based on the conclusions of opposing experts, a comprehensive analysis of the evidence was not carried out, indicating that the evidence was insufficient to prove the guilt of the convicted person, and asked for the cancellation of judicial acts and acquittal due to the absence of corpus delicti in his actions. The conclusion of the court that the criminal offenses brought against the convicted N. were committed in the circumstances set out in the sentence is based on the evidence that was examined in detail, carefully and duly evaluated at the court session. Although the convicted N. did not admit his guilt, his guilt was fully proven by the response of the reserved victim S., The legal representative of the victim D., the answers of witnesses, the conclusions of the examinations conducted in the case and other evidence attached to the case.

Legality and validity of the sentence

So the minor victim S. in the answers given and deposited during the pre-trial investigation, when he was playing in the field to enter his house, when he appeared in front of the darbaza of his house, an unfamiliar man came up to him and asked him to show where the toilet was, then he showed the toilet in the yard, then the man said that he would not go to the toilet, he noticed that the man was drunk from his walk, the man tightly squeezed one hand, covered his mouth with the other, he was forcibly taken down Baigaziev street, no one heard his voice screaming for help, the man told him "Shut your mouth" - when a few minutes later, when he came to his senses, the man laid him on top of the soil, took off his tights, losina, underwear with full force from one leg and struck him several times in the face with his fist, he collapsed again, he did not know what actions he had taken in relation to him when he collapsed, when collecting, the man showed that he was hit in the face again, at that moment his cell phone was called by his father K., picked up his phone and told them to help his father, that he had been kidnapped and that he was in the same house, the man pulled out the phone and turned it off, after this incident, his penis and rectal area The judicial board, having studied the materials of the criminal case, considers that there is no reason to doubt the authenticity of the answers of the minor victim S., on the contrary, the answers given by the victim during the pre-trial investigation are fully consistent with the evidence studied in the main trial.

In particular, police inspector A. Talgar APB, who was asked as a witness during the pre-trial investigation. in response, on March 7, 2020,at about 19 hours from the duty officer of the police department, a resident of the House No. 11 on Baigaziev Street in Taldybulak village, a teenager born in 2012, S., having received a message about the disappearance, went to the same address and said that S., together with his relatives, conducted a search on Baigaziev Street, at that time the woman who was looking for him showed the house No. 10 and offered to look at this house, because he said that there was a man who constantly drank alcohol in the house, the door is half open, when he noticed that there was a basement (basement) on the left side of it and cast the light of a lamp on it, it was as if a man of about 30 years of Asian race was covering something on the ground, when he saw him, he jumped into the basement (basement) and picked up that man, under him lay the teenager S., who was looking for "I'm sorry," I said.  "I don't know," she said. In the response of the witness K., police officers and relatives, looking for his daughter S., found her in the basement inside the palace in the courtyard of the House No. 10 on Baigaziev Street, when her daughter's clothes were removed from the Bush. The legal representative of the victim is the mother D. in the main trial, at about 19:00 in the evening, she said that her daughter S. did not pick up her phone when she searched for her daughter and called her mobile phone, and then her husband K. S. when she called her daughters.  he picked up the phone and told her that someone had stolen it, that he was in a foreign House, and then from the other side there was a man's voice "throw the phone away", as soon as he heard that her husband K. ran out into the street, called police officers and relatives all together went to look for his daughter, after a while her husband K. brought their daughter home,  According to the results of the specialist No. 430 dated March 8 and No. 466 dated March 13, 2020, a young child was identified during the inspection of the scene of the incident, that is, inside the basement (basement) in the courtyard of House No. 10, located on Baigaziev Street, Taldybulak Village, Talgar district.it was found on the outside of the HUAWEI mobile phone and found that the 2 fingerprints obtained were left on the big toe of N.'s right hand. According to the conclusion of the forensic medical examination No. 20-08-27-11/58 dated April 6, 2020, blood clots were found on the body of S., That is, on the underside of his right eye, on the left side of the face, on the nose, on the left side of the neck, on the chest of the back, on the anterior and posterior thigh area of both legs, on both thighs, numerous scratches and bumps on the hands. These injuries can be caused by a hard blunt object and within the time period specified in the resolution. These injuries are minor damage to health. A rupture of the wall of the vaginal mucosa and massive bleeding of the hymen, detected during the examination, which can be caused by a man's enthusiastic penis or something like that, are minor damage to health. The period of removal of this injury corresponds to the period specified in the decree, that is, the period of March 7, 2020. An injury in the form of a crack in the mucous membrane of the visible part of the rectum, which can be caused by a man's passionate penis or something like that, is a minor harm to health, the deadline for bringing falls on the period specified in the resolution, that is, March 7, 2020. The anatomical integrity of the hymen of S. is violated, the period of violation corresponds to the period specified in the resolution, that is, the period of March 7, 2020. In addition, according to the conclusion of the forensic biological examination No. 145 dated May 4, 2020, human blood without the addition of spermatazoids was detected in the wipes taken from the vagina and rectum of S. and in two wipes taken from the scene of the incident, which, according to the blood type, may have arisen from S. himself.

Legality and validity of the sentence

In the two underwear of S., human blood with fecal inclusions is detected, this blood may have originated from S. himself. From S.'s blouse and N.'s shirt, human blood was detected, in which the prostate antigen was released. This indicates the presence of spermatazoids and, depending on the group property, can arise from N. Spermatazoids mixed with human blood were detected in the wipe taken from N.'s penis, in his knitwear and jeans. These spermatazoids can come from N., and human blood can come from C. From these jeans, human blood without the addition of spermatazoids has been identified, this blood can come from C. Spermatazoids with the addition of human blood and feces were detected in N.'s underwear. This can occur due to the mixing of spermatazoids of N. with the blood of S. And according to the conclusion of molecular genetic examination No. 2950 dated June 16, 2020, the Combined DNA detected in S.'s blouse, his underwear, N.'s underwear, two of his sweatpants, shirt, blouse, 2 wipes taken from his penis is N.'s and S.'s DNA. The conclusions of experts are scientifically substantiated, objective and made in full. The conclusions of the expert examination were complementary, that is, molecular genetic examination clarified the conclusions of forensic biological examination. There were no contradictions between these expert opinions. From the photographs attached to the case materials, it is clearly established that the injuries identified in the course of the forensic medical examination of the victim S. actually occurred on his body. According to the conclusion of an outpatient forensic psychiatric examination No. 20-08-13/428 dated May 18, 2020, N. does not suffer from any mental disorders and does not require the use of coercive measures of a medical nature. At the time of committing a crime, N. was able to understand and possess the practical nature and public danger of his actions. In this case, the judicial board concludes that there is no reason to doubt the authenticity of the answers given by the victims and witnesses during the pre-trial investigation and at the main trial. The totality of the above evidence is sufficient to prove the guilt of N. They were obtained in accordance with the requirements of the Criminal Procedure Law and were thoroughly checked in court and received an appropriate assessment.

Legality and validity of the sentence

The arguments of the convicted person about his innocence and disagreement with the evidence evaluated by the court are unreasonable as a reassessment of evidence. In such a context of the case, the judicial board considers that the actions of the convicted N. are correctly differentiated by paragraph 5) of the second part of Article 125, part four of Article 120, part four of Article 121 of the criminal code. The court imposed a fair punishment on N., guided by the requirements of Article 52 of the criminal code, taking into account the degree and nature of the danger to society of the crime committed, the severity, characterizing his personality, aggravating criminal liability and punishment. The verdict argued why the convicted person is subject to a sentence of life imprisonment, so there is no reason to commute it. Thus, petitions are dismissed, and judicial acts are subject to change. The judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan left unchanged the judicial acts of local courts in relation to the convicted N. The petitions of the convicted N. and the lawyer K. were dismissed.  

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