The court has not imposed a mandatory additional punishment.
I. was sentenced under Articles 28, part 3, 192, part 3, paragraph 4), 132, Part 4 of the Criminal Code to 9 years in prison, while serving his sentence in an institution of extreme security.
By the verdict of the court, I. was found guilty of organizing an attack by theft of other people's property, combined with the threat of violence, dangerous to the life and health of a person who was attacked, committed by a group of persons by prior agreement, illegal entry into an office building, storage and the direction of its execution, as well as, being a person who has reached the age of seventeen, of committing an act involving a minor in the commission of a serious crime.
The court of appeal upheld the verdict.
The court acts were amended by the cassation instance for the following reasons.
It was established that I., in order to commit theft of someone else's property, combined with violence dangerous to the life and health of the attacked person, or with the threat of such violence, being the organizer of this criminal offense, involved minors E. and T. in committing a serious crime, having interested the latter in material profit if successful.
E. and T. ran into a pharmacy and with the threat of violence dangerous to the life and health of pharmacy employees stole 37,000 tenge. After that, I., E., and T. divided the stolen funds among themselves.
The actions of the convicted I. are correctly qualified, the punishment is assigned taking into account the public danger of the deed, the personality of the convicted person, the circumstances aggravating his punishment, within the scope of the incriminated articles, proportionate to the deed.
At the same time, when sentencing a convicted person, the court allowed violations of the norms of the criminal law.
Thus, in accordance with Article 50, Part 2 of the Criminal Code, for committing crimes provided for in parts 2,3,4,5 of Article 132 of the Criminal Code, deprivation of the right to hold certain positions or engage in certain activities is mandatory and is subject to a lifetime ban from holding teaching positions and positions related to work with minors.
The court has not complied with these requirements of the law, and no additional punishment has been imposed on the convicted person.
The Supreme Court imposed additional punishment, as well as on the basis of Article 6 of the Criminal Code, in accordance with the amendments and additions made to Article 46 of the Criminal Code by the Law of 03/17/2023, the type of punishment regime for the convicted person was changed to an institution of maximum security.
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