Murder is the intentional infliction of death on another person
Incorrect qualification of the actions of the guilty person and unjustified application of the rules of Article 58 of the Criminal Code led to a change in the court's verdict by the verdict of the specialized interdistrict criminal court of the Karaganda region dated July 1, 2020: J., previously convicted on October 1, 2015 under part 3 of Article 106 of the Criminal Code of the Republic of Kazakhstan (hereinafter – the Criminal Code) to 9 years in prison, - He was sentenced under part 1 of Article 99 of the Criminal Code to 15 years in prison, and under paragraph 13) of part 2 of Article 99 of the Criminal Code to 20 years in prison. Based on part 4 of Article 58 of the Criminal Code, 25 years of imprisonment were finally imposed by partial addition of punishments and served in an institution of the penitentiary system of emergency security, of which the first 5 years were served in an institution of the penitentiary system of full security. In accordance with paragraph 2) Part 2 of Article 14 of the Criminal Code in the actions of J. A dangerous recidivism has been recognized. By the Court of J. He was found guilty of committing murder, that is, of unlawfully intentionally causing death to another person, repeatedly. The court's verdict was not reviewed on appeal. In the protest, the Acting Prosecutor General of the Republic of Kazakhstan, without disputing the evidence of Zh.'s guilt, believes that the court's verdict should be changed due to the incorrect application of the criminal law, which led to an incorrect qualification of the convicted person's actions and the imposition of excessively harsh punishment. The court has reliably established that J. On September 2, 2019, B. committed premeditated murder. and, while in custody at the AK-159/1 DUIS facility in the Karaganda region, on December 2, 2019, he committed the premeditated murder of his cellmate K.
Murder is the intentional infliction of death on another person
At the same time, having correctly established the factual circumstances of the case, the court made a grave mistake in qualifying Zh.'s actions, which led to an incorrect imposition of punishment for the totality of crimes. According to paragraph 20 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 No. 1 "On the qualification of certain criminal offenses against human life and health", the qualifying attribute provided for in paragraph 13) of Part 2 of Article 99 of the Criminal Code (murder committed repeatedly) is subject to imputation in cases where the perpetrators committed two or more acts provided for in Article 99 of the Criminal Code, for none of which he was convicted, or was not released from criminal liability on the grounds established by law. If a person has committed several murders (except for the acts provided for in Articles 100, 101, 102, 103 of the Criminal Code) that are not united by a single intent, has not been convicted of any of them, and if the statute of limitations for criminal prosecution for the previous murder has not expired, then all acts in accordance with the requirements of Part 4 Articles 12 of the Criminal Code are subject to qualification under paragraph 13) of part 2 of Article 99 of the Criminal Code. At the same time, a separate qualification of the first murder committed in part 1 or part 2 of Article 99 of the Criminal Code is not required. In accordance with parts 1, 4 of Article 12 of the Criminal Code, the commission of two or more acts provided for in the same article or part of the article of the Special Part of the Criminal Code is recognized as repeated criminal offenses. in cases where the repetition of crimes is provided for by the Criminal Code as a circumstance entailing a more severe punishment, the crimes committed by the person are qualified according to the relevant part of the article of the Special Part of the Criminal Code, which provides for punishment for repeated crimes.
In violation of the specified requirements of the law, the court unduly qualified Zh.'s actions on the murder of B. under part 1 of Article 99 of the Criminal Code and unreasonably applied the rules of Article 58 of the Criminal Code when imposing final punishment. In such circumstances, Zh.'s actions are subject to final qualification under paragraph 13) of part 2 of Article 99 of the Criminal Code – as murder committed repeatedly. The condemnation of J. according to part 1 of Article 99 of the Criminal Code and the imposition of punishment according to the rules of Article 58 of the Criminal Code are subject to exclusion. The Judicial Board for Criminal Cases of the Supreme Court changed the verdict of the court of first instance against Zh.: - excluded the conviction of Zh. according to Part 1 of Article 99 of the Criminal Code and the application of the rules of Part 4 of Article 58 of the Criminal Code; - decided to consider J. convicted under paragraph 13) of part 2 of Article 99 of the Criminal Code to 20 years of imprisonment with serving the sentence in an institution of the penal system of emergency security, of which the first 5 years - in an institution of the penal system of complete security. In the rest, the verdict of the court remained unchanged. Protest of I.O. The Prosecutor General of the Republic of Kazakhstan is 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
