The Supreme Court of the Republic of Kazakhstan

 

The Supreme Court of the Republic of Kazakhstan

the judicial board for criminal cases of the Republic of Kazakhstan,

010000, Astana, D. Kunaev STR., 39. +7 (7172) 74-77-18

Victim/Civil Plaintiff: .............. IIN: 700114402396

Almaty, ...... microdistrict.... home. Tel: 8 707 ...........

Defendant/Civil defendant: ...... IIN:........ Almaty city,

Orbit-2 microdistrict, ..... house, apartment№48. Tel: 8 707 .............

Application form

on the revision in Cassation of a judicial act that has entered into force

31 October 20..... the judge of the Auezovsky District Court of Almaty.............. prosecutor of the Department of the auezovsky District Prosecutor's Office of Almaty with the participants of the process............ as a public prosecutor, defense attorney of the defendant .............., the victim ............... and translator .............. at an open court session with the participation of a citizen of the Republic of Kazakhstan, born on March 21, 1969 in Zhambyl region, Kazakh, citizen of the Republic of Kazakhstan, living in Apartment No. 48, House No. 2, Microdistrict "Orbita-2", Almaty, non-working, Higher Education, registered marriage, not convicted, bail was applied as a preventive measure .................. the defendant in which the criminal case is considered .............. with the intention of large-scale embezzlement of other people's property by deception and abuse of trust, the victim in July 20... ............... on July 20, 30, at the intersection of Chaliapin and Saiyn streets, Almaty, Almaty, Karasay district, Algabas rural district, Almaty region, on July 6, 000, the victim received 6000 US dollars, according to the exchange rate of the National Bank of the Republic of Kazakhstan per tenge,

899,580 tenge, using it for its own use, without returning the money, committing a large amount of fraud, causing damage to the victim for this amount, as well as the victim .............. during the pre-trial investigation ............. He filed a civil claim for the recovery of material damage in the amount of US 6 6,000, and during the court session, the defendant fully admitted the charge and contacted the victim through his acquaintance Mitryasova, claiming to withdraw a land plot in Algabas rural district, Karasay district, Almaty region for US 1 12,000, of which 6,000 US dollars, 899,580 tenge at the exchange rate of the National Bank of the Republic of Kazakhstan on July 30, 20, Almaty, Chaliapin and at the intersection of saiyn streets, there was no opportunity to withdraw any land plot, "I don't know," he said, " but I don't know." The court, having heard the opinion of the parties and analyzing the nature and degree of danger to society of the crime committed, the identity of the guilty person, including the presence of circumstances mitigating liability and punishment, and aggravating circumstances, made a verdict: ............... 1997 find guilty of committing a criminal offense specified in Paragraph B) of Part 3 of Article 177 of the Criminal Code of the Republic of Kazakhstan, adopted in the year, and impose a sentence of imprisonment for 4 (four) years. The punishment imposed in accordance with Article 63 of the criminal code, adopted in 1997, should be considered conditional, and it should be entrusted with not changing the place of permanent residence, work and study without confiscation of property, establishing a three-year probationary period and probation control and without notifying the authorized state body that exercises control over the behavior of the convicted person. So, in the course of consideration of this criminal case, the victim ........... ……………….. however, on October 31, 2016, a judge in the Auezovsky District Court of Almaty filed an additional claim for the recovery of US 6 6,000 as material damage, us зиян 6,000 as moral damage, us жалпы 12,000 for the total amount and applied to the court with a claim for calculating this amount at the rate of the National Bank of the Republic of Kazakhstan on the date of the court decision ............ presided over by the court ............. during the consideration of a criminal case.............. victim ................. A large amount of 899,580 tenge was found to have been transferred to the court for fraud by deception of rights and abuse of trust.

At the court session, the defendant told the victim that he fully recovered the property damage, but the victim filed a civil claim with the defendant for the recovery of property damage in the amount of 1,990,440 tenge and moral damage in the amount of 1,990,440 tenge, taking into account the fact that the money was received by the defendant in US dollars, currently the price of the currency in tenge. In accordance with article 166 of the CPC and the normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 20, 2005 No. 1 "on the consideration of a civil claim in criminal proceedings" on compensation for property and moral damage caused by a direct criminal offense by individuals in criminal proceedings, as well as to determine the expenses for the burial, treatment of the victim, the amounts paid to him as insurance compensation, benefits or pensions, as well as in addition to the expenses for representation, civil claims for compensation for expenses incurred in connection with the conduct of the preliminary investigation and participation in the court are considered. Proof of a civil claim filed in a criminal case is carried out according to the rules established by this code. If the legal relations arising in connection with the civil claim are not regulated by this code, it is determined that the norms of civil procedural legislation apply in the part that does not contradict this code, since 899,580 tenge of property damage caused directly to the victim by a criminal offense is compensated and moral damage caused by actions (omissions) that violate property rights is not subject to compensation, considering that the victim's statement of claim is subject to neglect, the victim ............... defendant ............... he decided to leave without consideration a civil claim for compensation to the victim of property damage in the amount of 899,580 tenge, property damage in the amount of 1,990,440 tenge and moral damage in the amount of 1,990,440 tenge, caused directly by a criminal offense. Victim ............ in disagreement with the verdict of the Auezovsky District Court of Almaty dated October 31, 2016, he wrote an appeal to the Appellate Judicial Board for criminal cases of the Almaty city court, noting in the appeal that he considers the suspended sentence imposed on the convicted person to be light, since according to Paragraph 4 of Article 11 of the criminal legislation of the Republic of Kazakhstan "categories of crimes", the most severe punishment provided for by this code for committing At the same time, the convicted person indicated that he refused to compensate the victim for moral damage and did not calculate the material damage by the course on the day of the court's decision, canceled Article 63 of the criminal code, imposed a sentence of deprivation of Liberty on the convicted person and asked for full recovery of the damage caused to him.

However, on December 21, 2016, as part of the Appellate Judicial Board for criminal cases of the Almaty city court, the chairman of the board Karamanov B. S., judges of the board.......... and .............. the reasons for the appeal of the court of first instance that the suspended sentence imposed on the convicted person is subject to cancellation because it does not correspond to the severity of the crime are unfounded, so the judicial board decided that there are no grounds for changing or canceling the sentence of the Auezovsky District Court of Almaty on October 31, 20 жылғы ................ the verdict is unchanged, the victim .................. he decided to dismiss the appeal. In addition, the court of First Instance................ on October 31, 20, a separate decision was made to leave the civil claim of the victim Nurymbetova A. B. without consideration. This is due to untimely receipt of the resolution, ................. due to the delay in filing an appeal against the decision, the court of first instance applied for its restoration. By the court decision of February 13, 20... ................ to dismiss the application for reinstatement of the deadline for filing a complaint, ............... legality of the court decision of October 31, 2019 on the dismissal of the victim's civil claim for recovery of property and moral damage 20.... the decision of December 21 of the year justified the assessment. This resolution of the Appellate Judicial Board for criminal cases of the Almaty city court 20.... the decision of April 04 of the year was left unchanged. So the victim ............... "I don't know," he said. 20......... by the decision of the said court dated October 31 20.......... "I don't know," he said, " but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know................ by the court verdict of the Auezovsky District Court of Almaty 20.... by the decision of the judicial board for criminal cases of the City Court of Almaty dated April 20, 04; by the decision of the City Court of Almaty dated February 13, 20, the victim of the Auezovsky District Court of Almaty dated February 13, 20,............. with the decision left unchanged on the refusal to restore the deadline for filing a complaint. In disagreement with the judicial acts, a petition was sent to the Judicial Board of the Supreme Court of the Republic of Kazakhstan for the revision of the criminal case in Cassation. On February 27, 20..., the judicial collegium for criminal cases of the Supreme Court of the Republic of Kazakhstan chaired by the judge D..........., judges ......... ........... in the presence of tarpatar, the criminal case was considered and decided in Cassation procedure:

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