The actions of the convicted person were dictated by the intent to cause serious harm to health, and this harm, which caused the death of the victim, occurred directly when the convicts inflicted bodily harm on the victim.
By the verdict of the district court No. 3 of the Tayynshinsky district of the North Kazakhstan region dated September 7, 2017, T., previously convicted on June 21, 2012 under paragraph "b" of part 2 of Article 177, under paragraphs "a, b" of part 2 of Article 178 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) on the basis of part 3 of Article 58 of the Criminal Code 3 years of imprisonment; - He was sentenced under part 3 of Article 106 of the Criminal Code to 9 years in prison and served his sentence in an institution of the maximum security penal system. In accordance with part 1 of Article 14 of the Criminal Code, a recidivism of crimes was recognized in the actions of the convicted person. By the verdict of the court of T. He was found guilty of intentionally punching victim V. in the face area on the right, from which the victim fell to the asphalt and subsequently died, in order to cause serious harm to health. By the decision of the Judicial Board for Criminal Cases of the North Kazakhstan Regional Court dated November 3, 2017, the verdict of the court remained unchanged. In the petition, lawyer A., considering the court's conclusions in the criminal case contradictory, that the criminal law was incorrectly applied in the case, and the evidence available in the case was incorrectly assessed, indicates that the convict had no intent to commit a crime, and therefore requests that the actions of the convicted person be reclassified from Part 3 of Article 106 of the Criminal Code to part 1 of Article 104 CC. T.'s guilt in committing the crime is confirmed by the testimony of the victim V., witnesses A., S., Sh., F., Zh., B., K., expert E. and the materials of the criminal case. According to the conclusion of the forensic medical examination, the bodily injuries, such as: closed craniocerebral trauma in the form of an abrasion of the right submandibular region with hemorrhage into the underlying soft tissues; abrasion of the right zygomatic region; hemorrhages under the soft meninges of the frontal, parietal and temporal lobes of the right and left hemispheres of the brain with transition to the hemispheres of the cerebellum; intracerebral hemorrhages, intracerebral hemorrhages of the cerebral hemispheres, which were formed from exposure to a hard blunt object, shortly before the time of death, are directly causally related to it and are classified as serious harm to health – based on the danger to life.
In the main trial, expert E. testified that the cause of V.'s death was the above-mentioned closed craniocerebral injury with hemorrhage into the underlying soft tissues; hemorrhages under the soft meninges of the frontal, parietal and temporal lobes of the right and left hemispheres of the brain with transition to the hemispheres of the cerebellum; intracerebral hemorrhages, intracerebral hemorrhages of the cerebral hemispheres, which they could have been formed from an impact, the point of contact of which is the right submandibular region. It is unlikely that these injuries will occur if you fall from a height of your own height with acceleration. After receiving injuries, V., depending on the individual characteristics of the body, could perform some purposeful actions and could live from 1 minute to 2 hours. Bruises of the upper extremities could have been sustained by V. during his transportation. It follows from the materials of the criminal case that the discovered bodily injuries, which were the cause of the victim's death, were formed when he was punched in the right submandibular region. The expert opinion and the materials of the criminal case did not establish that these injuries could have been caused by falling and hitting the head from the right side on the asphalt, falling on his back and facing forward, and injury to the victim by falling from a height of his own height with acceleration is excluded. Moreover, no fall damage was found on the back of the head in the parietal region. Under the circumstances described, the judicial board believes that the actions of the convicted person were dictated by the intent to cause serious harm to health and this harm, which caused the death of the victim, occurred directly when the convicts inflicted bodily injury to the victim. Therefore, the convict was aware of the social danger of his actions, foresaw the possibility of socially dangerous consequences, did not want to die, but showed indifference to the onset of these consequences. The actions of convicted T. under part 3 of Article 106 of the Criminal Code were correctly qualified by the court. The measure of punishment is imposed on the convicted person, taking into account the nature and degree of public danger of the crime committed by him, as well as circumstances mitigating and aggravating his responsibility and punishment. Based on the above, the judicial board for criminal Cases of the Supreme Court upheld the judicial acts of the local courts against T., and dismissed the petition of A.'s lawyer.
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
