Criminal offenses, criminal liability is imposed only for attempted crimes of moderate severity, serious or especially serious crimes, as well as for attempted terrorist crimes.
By the verdict of the District Court No. 2 of the Almaty district of Astana, A., who had no previous criminal record, was sentenced under part 3 of Article 24, part 1 of Article 190 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to one year of restriction of liberty with confiscation of property. The court found A. guilty of the fact that on August 21, 2016, while at TD "T", located at 24 Ualikhanov St., Astana, having presented another person's identity card to the branch of JSC "K" in order to apply for a cell phone loan worth 196,000 tenge, he was detained by a bank security officer. The criminal case was not considered on appeal. In the protest, the Prosecutor General asks the court's verdict against A. to cancel with the termination of the criminal case for lack of evidence of a criminal offense. Indicates that the verdict of the court is subject to cancellation in connection with the incorrect application of the criminal law, which led to the conviction of an innocent person. He motivates his arguments by the fact that A. committed an attempted fraud, which he could not carry out to the end, as he was detained by an employee of the bank's security service. According to part 4 of Article 24 of the Criminal Code, criminal liability is imposed only for attempted crimes of moderate severity, serious or especially serious crimes, as well as for attempted terrorist crimes, while the criminal offense of which A. was found guilty, in accordance with Article 11 of the Criminal Code, refers to crimes of minor gravity.
Criminal offenses, criminal liability is imposed only for attempted crimes of moderate severity, serious or especially serious crimes, as well as for attempted terrorist crimes.
It has been reliably established in the case that A. committed an attempted fraud, which he was unable to carry out to the end, as he was detained by an employee of the bank's security service. This circumstance is confirmed by the confessions of A. himself, witnesses K. and S., as well as other case materials. According to part 4 of Article 24 of the Criminal Code, criminal liability is imposed only for attempted crimes of moderate severity, serious or especially serious crimes, as well as for attempted terrorist crimes. The criminal offense provided for in part 1 of Article 190 of the Criminal Code provides for imprisonment of up to two years, in accordance with article 11 of the Criminal Code, and refers to crimes of minor gravity. A.'s actions do not belong to the above categories of criminal offenses and an attempt to commit a minor crime does not entail criminal liability. Thus, A.'s actions lack the elements of a criminal offense, and therefore the verdict against him is subject to cancellation with the termination of the proceedings. The adoption of such a decision entails, in accordance with article 39 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), recognition of the convicted person's right to rehabilitation in accordance with chapter four of the CPC. Based on the above, the judicial Board for Criminal Cases of the Supreme Court overturned the verdict of the court of first instance against A. and terminated the proceedings under part 3 of Article 24, part 1 of Article 190 of the Criminal Code on the basis of paragraph 2) of part 1 of Article 35 of the CPC for the absence of elements of a criminal offense in his actions. In accordance with the procedure provided for in Chapter 4 of the CPC, it was recognized for A. the right to rehabilitation and compensation for damage caused by illegal actions of bodies conducting criminal proceedings. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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