The court illegally brought to criminal liability
By the verdict of the specialized Inter – District Court for criminal cases of the South Kazakhstan region dated June 23, 2017, he was sentenced to 3 years in prison under Part 4 of Article 287 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code). On the basis of Article 63 of the criminal code, the punishment is considered conditional, and 1 year of probation control is assigned to it. This sentence establishes probation control for all persons who are found guilty by Part 4 of Article 287 of the Criminal Code of the Russian Federation, Part 1) of Part 2 of Article 293 of the Criminal Code of the Russian Federation and Part 4 of Article 287 of the Criminal Code of the Russian Federation. Judicial acts against them are not challenged. The criminal case was not considered in the appeal instance. By the verdict of the court O., S., U., Sh. on December 13, 2016, he was found guilty of committing a hooligan act in connection with a group of people, illegal possession of firearms, ammunition, excessive violation of public order in a public place, threatening the use of force against the victim M., as well as D. for unlawful possession of firearms, having previously conspired with another person. In his protest, the prosecutor general of the Republic of Kazakhstan stated that U. was 15 years old at the time of the crime, but the court of first instance recognized U. guilty and imposed a sentence of imprisonment, without taking into account that the person guilty by Part 4 of Article 287 of the criminal code is brought to criminal responsibility at the age of 16 years, so the court changed the verdict, declared U. innocent by Part 4 of Article 287 of the criminal code and asked to terminate the criminal case against him.
The court illegally brought to criminal liability
In accordance with paragraph 1) of Part 1 of Article 485 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code), the conviction of an innocent is the basis for a cassation review of a court sentence that has entered into legal force. In accordance with the requirements of Paragraph 2) of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 No. 6" on judicial practice in cases of crimes of minors and their involvement in the commission of antisocial actions", the bodies conducting criminal cases are obliged to take measures to accurately determine the age (Year, Month, date of birth) of a person brought to criminal responsibility in juvenile cases. In accordance with Part 1 of Article 15 of the Criminal Code, a sane individual who has reached the age of sixteen at the time of committing a criminal offense is subject to criminal liability. According to the documents in the criminal case, U. was born on December 16, 2000. On the day of the incident of the criminal offense, December 13, 2016, he was 15 years old. Therefore, in accordance with Part 4 of Article 287 of the Criminal Code, the subject of a crime is not subject to bringing to criminal responsibility. However, the court of first instance, correctly indicating the Year, Month, and date of Birth of U. in the verdict, grossly violated the requirements of the law and brought him to illegal criminal liability. In accordance with the requirement of Paragraph 2) of the first part of Article 35 of the Criminal Code, if the Act does not contain a criminal offense, then the criminal case is terminated. Since the actions of U. do not contain the composition of a criminal offense, the court verdict is annulled and the criminal case against him is subject to termination. A person acquitted in court in accordance with the requirements of Part 1 of Article 37 of the CPC, as well as a criminal case against them, part one of Article 35 of this Code 1), 2), 5), 6), 7) a suspect, accused, defendant, on whom a decision of a court, a criminal prosecution body has been issued on termination on the grounds provided for in paragraphs 8) is subject to rehabilitation, that is, their rights are restored, and their rights and freedoms guaranteed by the Constitution of the Republic of Kazakhstan may not be restricted in any way. In accordance with the requirements of Part 1 of Article 39 of the Criminal Procedure Code, the body conducting criminal proceedings, making a decision on full or partial rehabilitation of a person, must recognize his right to compensation for harm. Since there is no corpus delicti in the act of U., It is necessary to recognize that he has the right to compensation for harm, since the criminal case is subject to termination. On the basis of the above, the Judicial Board of the Supreme Court of the Republic of Kazakhstan on criminal cases changed the verdict of the court of first instance against the convicted U., That is, the verdict of the court against U. was canceled, and the criminal case was terminated due to the absence of corpus delicti in U.'s actions. The remaining part of the sentence was left unchanged and it was recognized that U. has the right to compensate for damage caused by illegal actions of the bodies that carried out the criminal process. The protest of the prosecutor general of the Republic of Kazakhstan was satisfied.
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