The quality of criminal cases is the deprivation of liberty with the serving of a sentence in a correctional colony of a general regime
In 2010, out of the number of cases considered in this category, 2 verdicts were appealed, in the criminal case against P., who was sentenced by the court No. 2 of Pavlodar under Part 1 of Article 330 of the Criminal Code to 6 months in prison while serving his sentence in a general regime penal colony, in the criminal case against F. convicted by the Zhelezinsky District Court of the Pavlodar region under Part 1 of Article 330 of the Criminal Code to 1 year of imprisonment while serving his sentence in a high-security penal colony. These judgments of the court of appeal of the Pavlodar Regional Court were recognized as lawful and left unchanged. In 2011, the verdicts in these categories of cases were not appealed. For 9 months of this year, 3 sentences have been changed on appeal. By a decision of the court of the Appellate judicial Board of the Pavlodar Regional Court dated July 19, 2012, the verdict of the Kachirsky District Court of the Pavlodar region dated July 19, 2012 against K., convicted under Articles 330-1 of the Criminal Code to 6 months of imprisonment in a penal colony, was changed. The Court of Appeal, on the basis of paragraph 4) of Part 1 of Article 2 of the Law "On Amnesty in connection with the twentieth anniversary of the State Independence of the Republic of Kazakhstan" dated December 28, 2011, released K. from the imposed basic punishment in the form of imprisonment. The preventive measure, arrest, was lifted, and K. was released from custody. By the decision of the Court of the Appellate Judicial Board of the Pavlodar Regional Court dated August 02, 2012, the verdict of the court No. 2 of Pavlodar dated June 05, 2012 was changed in respect of E., who was sentenced under Part 1 of Article 330 of the Criminal Code to 6 months of imprisonment in a penal colony. The appellate instance sentenced the convicted person to a fine in the amount of 200 monthly calculation indices, which amounted to 323,600 tenge.
The quality of criminal cases is the deprivation of liberty with the serving of a sentence in a correctional colony of a general regime
By a court decision of the appellate judicial board of the Pavlodar Regional Court dated August 08, 2012, the verdict of the Irtysh District Court dated June 13, 2012 against K., convicted under Part 1 of Article 330 of the Criminal Code to 6 months of imprisonment in a penal colony, was changed. The appellate instance sentenced the convicted person to a fine in the amount of 200 monthly calculation indices, which amounted to 323,600 tenge. The grounds for changing the sentences against E. and K. The court of first instance incorrectly applied the provisions of Articles 52, 53 of the Criminal Code of the Republic of Kazakhstan, namely, the non-use of an alternative type of punishment, which led to the imposition of punishment that did not correspond to the severity of the crime and the personality of the convicted person. Judicial acts in criminal cases of this category have not been reviewed in the cassation and supervisory review procedures for the above-mentioned period.
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