Violation of the rules of road traffic and operation of vehicles, causing negligent damage to the health of a person of moderate severity

By the verdict of the Talgar District Court of Almaty region dated September 4, 2018: T. previously not convicted, found guilty by Part Two of Article 345 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), sentenced to 2 years of imprisonment with 2 years of deprivation of the right to hold certain positions or engage in certain activities related to driving. In accordance with Article 44 of the criminal code, T. is entrusted with the duties of not changing his permanent place of residence, work, not visiting certain places, material support for his family, without notifying the authorized state body that monitors his behavior. By a court verdict, T. was found guilty of driving a car, violating the rules of road traffic and operation of vehicles, committing acts that led to negligent causing moderate harm to the health of a person. The criminal case was not considered on appeal. In his protest, the prosecutor general did not dispute the qualification of the criminal actions of the convicted person, but expressed disagreement with the sentencing part of the court sentence and asked to reduce the sentence assigned to T. to 1 year on the basis of part two of Article 55 of the criminal code. T. in the case specified in the sentence, the commission of a crime is confirmed by the answers of the convicted person with a full confession of guilt in the main trial, as well as the answers of the victim S., The conclusion of a forensic medical examination, other case documents.

The actions of the convicted person are correctly differentiated by the second part of Article 345 of the criminal code. However, the arguments of the prosecutor general regarding the convicted person to disagree with the part of the court verdict on the imposition of punishment are justified. In accordance with the verdict, the court of first instance, when imposing a sentence on T., recognized the nature and degree of public danger of the crime as circumstances mitigating the criminal liability and punishment of the convicted person, the remorse of the convicted person, as well as aggravating the criminal liability and punishment. In accordance with paragraph 1) of the second part of Article 55 of the criminal code, in the presence of mitigating circumstances and in the absence of aggravating circumstances that are not provided for as a sign of a crime committed, it is provided that the term or amount of the main type of punishment may not exceed half of the maximum term or amount provided for in the relevant article of the special part of the criminal code, when committing a less serious crime.  The maximum term of the sentence of restriction of Liberty provided for by Part Two of Article 345 of the criminal code is 2 years. Therefore, the size of the sentence of restriction of Liberty imposed on T. by the second part of Article 345 of the criminal code should not exceed 1 year. In accordance with paragraph 5) of part one of Article 485 of the Criminal Procedure Code of the Republic of Kazakhstan, improper imposition of punishment is the basis for reviewing court sentences and decisions that have entered into legal force in Cassation. The judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan changed the verdict of the court of first instance against the convicted T. and reduced the term of the sentence imposed on T. in the form of restriction of freedom by the second part of Article 345 of the Criminal Code to 1 year on the basis of Paragraph 1) of the second part of Article 55 of the criminal code. The remaining part of the court's verdict was left unchanged, and the protest of the prosecutor general of the Republic of Kazakhstan was satisfied. 

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