Theft of other people's property by deception and abuse of trust, by a group of persons by prior agreement, using official position, repeatedly, on a large scale
By the verdict of the Almalinsky District Court of Almaty dated December 21, 2011: A., convicted under paragraph "b" of part three of Article 177 of the Criminal Code to 5 years in prison with confiscation of property and serving her sentence in a correctional colony of general regime. The term of serving the sentence has been calculated since December 21, 2011. The same verdict convicted R. and Ya. in respect of which the case is not being considered. Recovered from A. in compensation of damages jointly with the convicted R. and Ya. in favor of the victims, K. – 2,121,560 tenge, S. - 3,020,000 tenge, D. - 3,000,000 tenge, P. - 4,003,290 tenge; in solidarity with the convicted Ya. in favor of the victim of the claim – 444,810 tenge. By the verdict of the court, A. was found guilty of embezzlement of other people's property by deception and abuse of trust, by a group of persons by prior agreement, using her official position, repeatedly, on a large scale. By the decisions of the appellate and cassation judicial boards, the judicial acts issued in the case were left unchanged. Having studied the materials of the criminal case, the supervisory board of the Supreme Court changed the verdict and court decisions in the case.
Theft of other people's property by deception and abuse of trust, by a group of persons by prior agreement, using official position, repeatedly, on a large scale
A.'s guilt in the alleged act was established by a set of evidence that was fully and comprehensively examined at the court session and given in detail in the court verdict, which is not disputed by the defense. Her actions have been given a proper legal assessment. In accordance with paragraph 3 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated April 30, 1999 No. 1 "On the observance by courts of legality in the imposition of criminal punishment", courts must comprehensively, fully and objectively examine data on the identity of the defendant, bearing in mind their essential importance for determining the type and amount of punishment. In particular, it is necessary to find out the state of health, ability to work, attitude to work, education, information about the criminal record of the defendant. Having clarified the defendant's marital status, the courts must, in accordance with part three of Article 52 of the Criminal Code, take into account the impact of the imposed punishment on the living conditions of his family or dependents when imposing punishment. It follows from the documents submitted by the defender that A. has been fully compensated for the damage to the victims who were harmed as a result of her unlawful actions. In their statements, the victims P., K., S., D. indicated the absence of any claims against A., both material and moral. This fact deserves attention, testifies to the convict's awareness of her guilt, remorse, and is the basis for considering mitigation of the sentence. A. does not pose a public danger, has no previous criminal record, suffers from diabetes, and is raising her son, born in 1995, who also suffers from type 2 diabetes of moderate severity. In such circumstances, taking into account the totality of the above mitigating circumstances, which are exceptional, the absence of aggravating circumstances, guided by the fact that punishment should be fair and maximally subordinated to the goals of correcting the convicted person, applying the principle of an individual approach to determining the type and amount of punishment, as well as taking into account the identity of the perpetrator, the supervisory Board of the Supreme Court of the Republic Kazakhstan considered that there are grounds for applying article 55 of the Criminal Code and imposing penalties below the lowest limit., imposed by the sanction of the third part of Article 177 of the Criminal Code in the form of 2 years and 3 months of imprisonment. The rest of the judicial acts remained unchanged.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
