Type of correctional institution Serving a sentence of imprisonment for persons convicted of crimes committed through negligence is assigned in institutions of the minimum security penal system.
By the verdict of court No. 2 of the Kokpektinsky district of the East Kazakhstan region dated September 21, 2020: K., who had no previous criminal record, was sentenced under part 3 of Article 345-1 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 3 years and 6 months in prison with deprivation of the right to drive a vehicle for a period of 10 years, while serving his sentence in an institution the penitentiary system (hereinafter referred to as the UIS) of medium security. By the verdict of the court of K. He was found guilty of driving into oncoming traffic while intoxicated on the Kokpekty–Vasilyevskaya Ferry highway at 23:45 on June 2, 2020. Having lost control of the steering, he collided with a Vaz-2107 car driven by A., which was also carrying passengers S., N. and K. As a result of a traffic accident, K. She died of life-threatening injuries in the intensive care unit of the district hospital. By the decision of the Judicial Board for Criminal Cases of the East Kazakhstan Regional Court dated October 29, 2020, the verdict remained unchanged. The protest does not dispute the evidence of K.'s guilt and the qualification of his actions, but raises the question of changing judicial acts due to the incorrect application of criminal law in determining the type of institution of the criminal justice system. In the petition, convict K. also asks to change his type of correctional institution to a minimum security penal institution. According to paragraph 5) of part 1 of Article 485 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), one of the grounds for the cassation review of judicial acts that have entered into force, specified in part 1 of Article 484 of this Code, is the improper application of the criminal law, which resulted in the incorrect imposition of punishment or the discrepancy between the court–imposed punishment and the severity of the criminal offenses and the identity of the convicted person.
Type of correctional institution Serving a sentence of imprisonment
According to part 4 of Article 19 of the Criminal Code, an act committed through negligence is recognized as a criminal offense in a case specifically provided for in the relevant article of the Special Part of the Criminal Code. K. committed a criminal offense provided for in part 3 of Article 345-1 of the Criminal Code, which is classified as reckless. In accordance with paragraph 1) In part 5 of Article 46 of the Criminal Code, persons convicted of crimes committed through negligence are sentenced to imprisonment in institutions of the minimum security penal system. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court changed the judicial acts of the local courts in relation to K. Based on paragraph 1) of part 5 of Article 46 of the Criminal Code, K. was sentenced to serve his sentence in an institution of the minimum security penal system. The rest of the judicial acts remained unchanged. The protest of the Prosecutor General of the Republic of Kazakhstan and the petition of the convicted K. satisfied.
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