Legality and validity of the sentence to the perpetrator of the crime
By the verdict of the court No. 2 of the city of Pavlodar, Pavlodar region, dated July 1, 2020: Sh., who had no previous criminal record, was convicted under paragraph 4) of part 3 of Article 366 of the Criminal Code of the Republic of Kazakhstan (hereinafter – Criminal Code) to a fine of 35 times the amount of a bribe in the amount of 840,000 tenge, with life imprisonment for holding positions in the civil service, judges, local governments, the National Bank of the Republic of Kazakhstan and its departments, the authorized body for regulation, control and supervision of the financial market and financial organizations, government organizations and subjects the quasi-public sector. By the verdict of the court of S. He was found guilty that in the period from February 11 to April 8, 2020, being the state veterinary and sanitary inspector of the Pavlodar City Territorial Inspectorate, in the office of TD "K" he repeatedly received bribes in the total amount of 24,000 tenge from entrepreneurs R. and S. for unhindered access to the trading house and issuing permits for sale of livestock products without proper transportation and appropriate veterinary documents. The verdict was not reviewed on appeal. In the protest, the prosecutor points out that the amount of a bribe in the amount of 24,000 tenge was received by the convicted Sh., however, it was not confiscated to state revenue in accordance with part 3 of Article 48 of the Criminal Code. In view of the violation by the court of the principle of uniformity in the interpretation and application of law, he requests that the specified amount be confiscated from the convicted person for state revenue. The court reasonably recognized Sh. was guilty of committing the crime specified in the verdict, and correctly qualified his actions under paragraph 4) of part 3 of Article 366 of the Criminal Code. The court's verdict was passed within the framework of a procedural agreement concluded between the prosecutor and the defendant.
According to the law, the conciliation proceedings are conducted by the court within the framework of the concluded plea agreement. In the conciliation proceedings, the court has the right to make a decision not provided for by the plea agreement, if this does not worsen the defendant's situation and does not violate his right to defense. From paragraph 28 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated July 7, 2016 No. 4 "On the practice of consideration by courts of criminal cases in conciliation proceedings" it follows that according to paragraph 5) of part 1 of Article 626 of the Criminal Procedure Code of the Republic of Kazakhstan, a guilty verdict must contain a court decision on a civil claim and other penalties in accordance with the agreement a guilty plea. Legality and validity of the verdict of the perpetrator of the crime[/caption] In order to ensure the specified requirements of the law, the agreement on admission of guilt, if there are procedural costs in the case, should indicate their recovery from the convicted person or attribution to the State, which is not included in the procedural agreement in this case. In this regard, the judicial board finds the prosecutor's protest arguments unfounded and subject to rejection. The Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan upheld the verdict of the court of first instance against Sh., the protest of the Acting Prosecutor General of the Republic of Kazakhstan was not satisfied.
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