The term of criminal liability is the running of the statute of limitations for criminal offenses, regardless of the commission of a new criminal offense, is not suspended or interrupted.
By the verdict of the Burabay District Court of the Akmola region dated July 23, 2019: I., who had no previous convictions, was sentenced under part 3 of Article 385 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to a fine of 25 monthly calculation indices in the amount of 63,125 tenge. By a court verdict, I. was found guilty of having purchased a forged higher education diploma of the ZHB series No. 0205635 dated June 23, 2010, issued by the Kazakh National Pedagogical University for 250,000 tenge in Almaty.He graduated from the University with a degree in preschool education and upbringing. Further, realizing her direct criminal intent aimed at using a deliberately forged diploma, she submitted it to the Education Department of the Burabaysky district and in 2014 got a job at the State Institution Secondary School No. 3 in Shchuchinsk as a pre-school teacher, received a salary. Thus, she used a deliberately forged document - a diploma. The verdict has not been appealed or appealed. In the protest, the Prosecutor General, without disputing the evidence of the convict's guilt and the qualification of her actions, requests that the proceedings be terminated due to the expiration of the statute of limitations for criminal prosecution. The court correctly established that I. had committed a criminal offense under Part 3 of Article 385 of the Criminal Code, i.e. used a deliberately forged document. However, the court did not take into account that, according to paragraph 1) of part 1 of Article 71 of the Criminal Code, a person is released from criminal liability if one year has expired since the date of the commission of a criminal offense. In accordance with part 3 of Article 71 of the Criminal Code, the statute of limitations for criminal offenses, regardless of the commission of a new criminal offense, is not suspended or interrupted.
The term of criminal liability is the running of the statute of limitations for criminal offenses, regardless of the commission of a new criminal offense, is not suspended or interrupted.
The criminal offense provided for in part 3 of Article 385 of the Criminal Code is considered completed at the time of using the forged document, i.e. when the document is presented or submitted, regardless of whether the perpetrator has succeeded in obtaining the desired rights or relieving himself of duties. The subsequent continuous or periodic exercise of certain rights, based on a previously submitted or presented document, does not turn this crime into a continuing or ongoing one. In the present case, I. used a deliberately forged document for employment once in 2014. Approximately 5 years have passed since the commission of the criminal offense. Paragraph 11 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On judicial Sentence" dated April 20, 2018 No. 4 states that the courts need to keep in mind that in the event of the expiration of the limitation period for criminal prosecution established by Article 71 of the Criminal Code, the proceedings are subject to termination by issuing a decision based on paragraph 4) of Part 1 Articles 35, 327 and 343 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) at the preliminary hearing stage or in the main court proceedings. Thus, the judicial Board for Criminal Cases of the Supreme Court overturned the verdict of the court of first instance against I. and, on the basis of paragraph 1) of part 1 of Article 71 of the Criminal Code and paragraph 4) of part 1 of Article 35 of the CPC, the criminal proceedings against I. under part 3 of Article 385 of the Criminal Code were terminated due to the expiration of the statute of limitations for bringing her to be criminally responsible. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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