Sentencing Incorrect determination by the court of the type of correctional institution
By the verdict of the Mamlyutsky District Court of the North Kazakhstan region dated May 12, 2020: O., who had no previous criminal record, was sentenced under part 3 of Article 345-1 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 3 years and 6 months in prison with deprivation of the right to drive vehicles for a period of 10 years, with serving his sentence in institutions of criminalthe executive system of medium security. By the verdict of the court of O. He was found guilty of the fact that on January 11, 2020, at about 20:45 hours, not having the right to drive vehicles, driving a UAZ-315148-065 car in a state of alcoholic intoxication, he collided with a ZIL-4505 car parked in the oncoming traffic lane under the control of K. Then he ran over S., who was hitching the car for towing. As a result of his injuries, S. died on the spot. The verdict was not reviewed on appeal. In the protest, the Acting Prosecutor General of the Republic of Kazakhstan, without disputing the qualification of the act and the evidence of the convict's guilt, raises the issue of changing the sentence due to the incorrect definition of the type of institution of the penal system.
Sentencing Incorrect determination by the court of the type of correctional institution
O.'s guilt in committing a crime has been proven by a set of reliable evidence, which has been given a proper legal assessment. O. himself confessed in court. His testimony is confirmed by the testimony of witness K., the conclusions of the forensic medical and automotive technical examinations, the protocol of the inspection of the scene, the conclusion of the medical examination.
O.'s actions are qualified correctly. At the same time, the court incorrectly applied the criminal law in terms of determining the place of serving a custodial sentence. O. committed a criminal offense provided for in part 3 of Article 345-1UK, which belongs to the category of reckless. In accordance with paragraph 1) In part 5 of Article 46 of the Criminal Code, persons convicted of crimes committed through negligence are sentenced to imprisonment in minimum security penal institutions. In such circumstances, the place of serving the sentence for Fr. The establishment of a minimum security penal enforcement system should be determined. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan changed the verdict of the court of first instance against O., in accordance with paragraph 1) According to part 5 of Article 46 of the Criminal Code, O. was sentenced in an institution of the minimum security penal system. According to paragraph 3) of part 3 of Article 62 of the Criminal Code, the time of detention from January 11, 2020 to the entry into force of the sentence is counted towards the term of serving the sentence, based on one day of detention for two days of serving the sentence of imprisonment in a minimum security facility. The rest of the verdict remains unchanged. The protest of the Acting Prosecutor General of the Republic of Kazakhstan is satisfied.
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