Receiving a bribe by an official for the termination of a criminal case

By the verdict of the district court No. 2 of the Saryarkinsky district of Nur-Sultan dated January 15, 2020: A., who had no previous criminal record, was sentenced under part 3 of Article 24, paragraph 2) of part 3 of Article 190 of the Criminal Code (hereinafter referred to as the Criminal Code) to a fine of 7.5 times the amount of stolen property, which is 5,250 000 tenge, with lifetime deprivation of the right to hold positions in quasi-public sector entities, - according to part 4 of Article 28, part 2 of Article 367 of the Criminal Code, to a fine of 15 times the amount of a bribe, which amounts to 10 500 000 tenge, with life imprisonment for holding positions in quasi-public sector entities. Based on part 3 of Article 58 of the Criminal Code, by absorbing a less severe punishment, a fine in the amount of 10 500 000 tenge with life imprisonment was finally imposed on subjects of the quasi-public sector. By the resolution of the District court No. 2 of the Saryarkinsky district of Nur-Sultan dated February 10, 2020, the court's verdict was clarified: Instead of the words "with life imprisonment for holding positions in quasi-public sector entities", count in "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 quasi-public sector entities". The case was not considered on appeal. In the protest, the Prosecutor General, without disputing the evidence of the convict's guilt and the correctness of the qualification of his actions, points out that the court of first instance incorrectly imposed additional punishment on convicted A. in the form of life imprisonment for holding positions in quasi-public sector entities, since the Criminal Code does not provide for such punishment.

Receiving a bribe by an official for the termination of a criminal case

It follows from the case file that A., being a junior operative of the Saryarka district Police Department of the Nur-Sultan City Police Department, that is, an official, through deception and abuse of trust, coupled with an agreement to pay a bribe through an intermediary, received funds from S. in the amount of 700,000 tenge for allegedly further transfer to the leadership for the termination of the criminal case. business. The court of first instance imposed an additional sentence on convicted A. in the form of life imprisonment for the right to hold positions in quasi-public sector entities. Then, in accordance with paragraph 17) of Article 476 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), by a court decision dated February 10, 2020, he clarified the operative part of the sentence. The court decided to replace the wording "with life imprisonment for holding positions in quasi-public sector entities" with the words: "in the civil service, judges, in local government bodies, 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 quasi-public sector entities." Meanwhile, the correction of violations committed when imposing additional punishment by issuing a separate decision by the court of first instance in accordance with article 476 of the CPC is illegal and unjustified. The Law of the Republic of Kazakhstan dated December 27, 2019 "On Amendments and Additions to certain Legislative Acts of the Republic of Kazakhstan on improving criminal and criminal procedural legislation and strengthening the protection of individual rights", effective January 11, 2020, expanded the list of bodies and organizations prohibited from holding positions in Article 50 of the Criminal Code. However, in accordance with part 3 of Article 6 of the Criminal Code, this law does not apply to crimes committed before January 11, 2020. It follows from the materials of the criminal case that A.'s crime was committed in November 2019, that is, before the amendments to part 2 of Article 50 of the Criminal Code. In this regard, the convict A. additional punishment should be imposed in the form of a lifetime ban from holding positions in the civil service, judges, local governments, the National Bank of the Republic of Kazakhstan and its departments, government organizations and organizations in whose authorized capital the state's share is more than fifty percent, including national management holdings, national holdings, national companies, national development institutions, of which the state is a shareholder, and their subsidiaries, more than fifty percent of the voting shares (participation interests) of which belong to them, as well as in legal entities, more than fifty percent of the voting shares (participation interests) of which belong to these subsidiaries. The issues of changing the wrongly imposed punishment, both basic and additional, in accordance with Chapters 49 and 52 of the CPC relate only to the competence of the courts of appeal or cassation instances.

In these circumstances, the court of first instance committed gross violations of the norms of the criminal procedure legislation, which led to an incorrect definition of the additional type of punishment. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court overturned the decision to clarify the verdict of the court of first instance dated January 15, 2020. The verdict of the court of first instance of January 15, 2020 against A., therefore, was changed. Assigned to A. additional punishment in the form of a lifetime ban from holding positions in the civil service, judges, local governments, the National Bank of the Republic of Kazakhstan and its departments, government organizations and organizations in whose authorized capital the state's share is more than fifty percent, including national management holdings, national holdings, national companies, national development institutions, of which the state is a shareholder, and their subsidiaries, more than fifty percent of the voting shares (participation interests) of which belong to them, as well as in legal entities, more than fifty percent of the voting shares (participation interests) of which belong to these subsidiaries. The rest of the verdict remains unchanged. The protest of 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