Termination of criminal proceedings, termination of criminal proceedings in connection with the expiration of the statute of limitations for bringing to criminal responsibility
By the resolution of the Baizak District Court of Zhambyl region dated December 21, 2016, the Criminal Procedure was terminated in accordance with Part 1 of Article 6, Part 1 of the law of the Republic of Kazakhstan dated December 13, 2016 "on amnesty in connection with the twenty – fifth anniversary of independence of the Republic of Kazakhstan" (hereinafter referred to as the law on Amnesty). By the decision of this Court of September 29, 2017, the specified Court amended the decision, depriving Sh. of the right to drive vehicles for 3 years as an additional punishment. By the resolution of the Judicial Board of the Zhambyl Regional Court on criminal cases dated November 6, 2017, the resolution was canceled, explaining the possibility of reconsidering the issues that remained unresolved in the case of a criminal offense in accordance with the procedure established by the Criminal Procedure legislation.
Termination of criminal proceedings, termination of criminal proceedings in connection with the expiration of the statute of limitations for bringing to criminal responsibility
The court of first instance adopted a decision on the termination of criminal proceedings against him with reference to Part 1 of Article 2 of the amnesty law, stating that it was fully proved that Ch, being a person deprived of the right to drive a vehicle, was driving under the influence of alcohol and his actions were properly qualified by Part 1 of Article 346 of the criminal code. In this resolution, the fact that sh. committed a criminal offense is confirmed by evidence that was thoroughly studied and objectively evaluated at the main trial. However, during the consideration of this case, the court allowed violations of the norms of criminal and criminal criminal legislation. In accordance with paragraph 3) of Part 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), if the act of Amnesty eliminates the imposition of punishment for the Committed Act, the criminal case is subject to termination on the basis of the amnesty law. But Part 3 of Article 7 of the amnesty law provides that only persons subject to Amnesty are exempt from the main punishment. In the event that the sanction of the article of the criminal law imposed as a charge, along with the main punishment, provides for a mandatory additional punishment, the court, depending on the circumstances of this case, was obliged to release sh. from the main punishment under Part 1 of Article 346 of the criminal code, impose a mandatory additional punishment in the form of deprivation of the right to drive a car and issue a guilty verdict. And the court, without fulfilling these requirements of the law, did not assign to Sh. a mandatory additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities provided for in the mentioned article of the criminal code. In such a context of the case, the court decision against Sh. should be canceled, and the criminal case should be sent to the court of First Instance for fresh consideration. But, on the basis of the following, sh. is subject to exemption from criminal liability, termination of criminal proceedings against him, and the prosecutor's protest is dismissed. In particular, in accordance with paragraphs 1), 3) of Part 1 of Article 71 of the criminal code and Paragraph 4) of Part 1 of Article 35 of the Criminal Code, if one year has passed from the date of commission of a criminal offense, a person is not brought to criminal responsibility in connection with the expiration of the statute of limitations for bringing to criminal liability, and these are circumstances that exclude proceedings in the case. The expiration of this term for criminal offenses is not suspended or interrupted, regardless of the commission of a new criminal offense. By the court decision Sh. he committed a criminal offense in which he was found guilty on December 3, 2016, and more than a year has passed from the date of the incident to the present day. On the basis of the above, the judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan canceled the decision of the court of first instance in relation to the convicted Sh., changed the decision of the Judicial Board of the appellate instance, that is, canceled part of its cancellation of the above-mentioned Court decision. In connection with the expiration of the statute of limitations for bringing to criminal responsibility, Ch. he was released from criminal liability and the criminal proceedings against him were terminated. The protest of the prosecutor general of the Republic of Kazakhstan was dismissed.
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