The punishment for convicts was incorrectly assigned.

Sentenced to imprisonment for 7 years and 6 months by Part 3 of Article 24 of the Criminal Code of the Republic of Kazakhstan, paragraphs 2), 3) of Part 3 of Article 366, Part 3 of Article 24 of the Criminal Code of the Republic of Kazakhstan, paragraphs 2), 3) of Part 3 of Article 366 of the Criminal Code of the Republic of Kazakhstan for 8 years. In this sentence, the convicted persons did not submit a petition to T. and K..

By the verdict of the court, A. and M., being officials, were found guilty of attempting to take a large amount of bribes by preliminary collusion of a group of persons, using their official position for personal gain.

By the decision of the court of appeal, the sentence is left unchanged.

The court of Cassation instance changed acts on lower grounds.The court of the first instance, having evaluated each evidence in terms of its relevance, admissibility, certainty, and concluding that all the collected evidence in its totality is sufficient to prove the guilt of A. and M., correctly differentiated their criminal actions by Part 3 of Article 24 of the criminal code,paragraphs 2), 3) of Part 3 of Article 366.

In accordance with paragraph 4) of Part 1 of Article 113 of the criminal code, circumstances affecting the degree and nature of responsibility of the suspect, prosecutor are among the circumstances to be proved in a criminal case.

The court of the first court unjustifiably recognized the convicted persons in violation of their oath or professional oath, despite the absence in the case materials of forms of taking the oath indicating the text of the oath and the date of its issuance, that is, without establishing any circumstances significant for the case, as a circumstance aggravating criminal liability and punishment.

As it was established in the case, the court of first instance recognized the convicted persons who imposed punishment as circumstances mitigating their criminal liability and punishment the presence of minor children in their residence and dependents, as well as full recognition of their guilt and sincere repentance for the crime committed, actively contributed to the disclosure of the crime and exposing other accomplices.

Paragraphs 1) and 2) of Part 2 of Article 55 of the criminal code indicate that in the presence of mitigating circumstances and in the absence of aggravating circumstances, which are not provided for as a sign of a crime committed, the term of the main type of punishment may not exceed half, in the commission of a crime of moderate severity of the maximum term provided for in the relevant article of the special part of the Criminal Code-two-thirds.

According to the specified, the term of the sentence in the form of imprisonment imposed on convicted persons should not exceed 6 years for A. and M., 1 year and 6 months for T.

In accordance with subparagraph 2) of Paragraph 1 of Article 2 of the law of the Republic of Kazakhstan dated December 7, 2021" on amnesty in connection with the thirtieth anniversary of independence of the Republic of Kazakhstan", T. is subject to exemption from serving the main sentence

 

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