The postponement of the execution of a custodial sentence and the determination of the amount of compensation for moral damage was found to be unjustified.

By the verdict of the Kazybekbi District Court of the city of Karaganda dated January 10, 2014: Kh., convicted under part two of Article 296 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) of the Criminal Code to 2 years in prison, with deprivation of the right to drive a vehicle for a period of 3 years, while serving her sentence in a penal colony. In accordance with the first part of Article 72 of the Criminal Code, a woman who is raising a minor child has been suspended for up to 4 years, but no more than until the child reaches the age of fourteen, that is, until October 3, 2017. Collected from x. In favor of victim A.: 1,000,000 tenge as compensation for moral damage, 572,621 tenge for material damage, 157,262 tenge for legal aid expenses, and 6,652 tenge for state revenue. The verdict was left unchanged by the decisions of the appellate and cassation judicial boards. By the verdict of the Court of X. She was found guilty of driving a VMW-528 car with the state license plate M4... on September 22, 2012, at about 4:30 p.m., while driving on the territory of gymnasium No. 93. On the basis of a power of attorney, when performing a reverse maneuver, violating the requirements of subclauses 8.1 and 8.13 of the Traffic Rules, she ran over pedestrians A. and C. 66 As a result of the accident, A. received serious bodily injuries, from which she died on October 6, 2012 in the Makazhanov clinic in Karaganda. Having examined the materials of the criminal case at the request of the convicted woman's lawyer, the Supervisory Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan changed the judicial acts issued in the case on the following grounds.

X's fault. the crime imputed to her was established by the totality of evidence examined at the court session, and is not disputed in the petition. X's actions. the correct legal assessment has been given. At the same time, the court's verdict regarding the postponement of the execution of the sentence in accordance with the first part of Article 72 of the Criminal Code and the determination of the amount of compensation for moral damage cannot be considered justified. According to article 52 of the Criminal Code, when sentencing, courts must take into account the nature and degree of public danger of the crime committed, the identity of the perpetrator, including his behavior before and after the commission of the crime, circumstances mitigating and aggravating responsibility and punishment, as well as the impact of the imposed punishment on the correction of the convicted person. In accordance with paragraph 2 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan "On the observance by courts of legality in the imposition of criminal punishment" dated April 30, 1999 No. 1, when determining the degree of public danger of a committed crime, courts should proceed from both the requirements of Article 10 of the Criminal Code, which regulates the procedure for determining the severity of crimes, and from the totality of all circumstances, when who committed a specific criminal act. When imposing punishment, the court did not take into account the opinion of the injured party, who did not forgive X. and insisting that in relation to X. the strictest punishment was imposed due to the fact that as a result of the accident, of which she is the culprit, serious harm was caused to her health, which subsequently led to the death of A. Thus, postponing the execution of the punishment of the convicted person in the form of imprisonment in accordance with the procedure provided for in the first part of Article 72 of the Criminal Code, the court of first instance did not fully take into account the severity of the consequences and the specific circumstances of the case. In addition, x. for more than a year and a half from the moment the case was initiated until the sentencing, she did not take measures to compensate for the damage caused.During the court session, H. She partially acknowledged the civil claim and expressed her consent to reimburse it within reasonable limits and as far as possible.  According to the statement of H. She intends to pay the bailiff even a partially satisfied amount of moral damage in the amount of one million tenge at 20,000 tenge per month, that is, for 4 years. In accordance with paragraph 6 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the application by courts of legislation on compensation for moral damage" dated June 21, 2001 No. 3, the amount of compensation for moral damage in monetary terms should be considered fair and sufficient if, when determining its amount, the court takes into account all the specific circumstances related to the violation of personal non-property rights of a citizen., and the amount of compensation established by the court allows us to draw a reasonable conclusion about the reasonable satisfaction of the plaintiff's claims. The amount of compensation for moral damage collected by the court of first instance may be reviewed in a supervisory manner if this amount does not meet the above requirements. The supervisory Judicial Board considered that the amount of compensation for moral damage should be increased to 3,000,000 tenge, since the court did not sufficiently take into account the degree of moral and physical suffering caused to the victim S., based on the circumstances of the accident, as a result of which she lost her mother. The judicial acts issued against H. were amended with the cancellation of the deferred execution of the sentence with the application of the first part of Article 72 of the Criminal Code in relation to H. and an increase in compensation for moral damage collected from H. in favor of the victim S. to 3,000,000 tenge. The rest of the judicial acts in relation to X. left unchanged. 

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