The Law office for criminal cases in Almaty on the practice of reviewing materials on parole of the cassation instance
According to subparagraph 34) of paragraph 1 of Article 1 of Law No. 565-IV dated February 17, 2012 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on improving the appeal, cassation and supervisory review procedures, increasing trust and ensuring access to justice" (hereinafter - the Law), art. 446-1 of the CPC is set out in a new wording, according to which sentences that have entered into force, rulings of district and equivalent courts (including specialized, inter-district courts), as well as verdicts and rulings of the appellate instance, are subject to cassation review. This Law has been in force since July 01, 2012, and therefore the judgments that have entered into force in the execution of the sentence are subject to review in cassation. By court decision No. 2 of Taraz dated July 05, 2012, which was upheld by the decision of the appellate judicial board of the Zhambyl regional Court dated September 03, 2012, the petition of convict D. for parole was dismissed. The reasons for making such decisions were the presence of 8 penalties, incomplete repayment of claims, as well as the fact that he is not a member of the amateur organizations of the convicted squad. The Cassation judicial Board of the Zhambyl regional Court annulled the above-mentioned judicial acts by a decision of November 01, 2012, and the petition of the convicted D. She granted the parole, explaining her decision as follows. According to the requirements of Part 1 of Article 70 of the Criminal Code: "A person serving a custodial sentence for law-abiding behavior, conscientious attitude to work (training), active participation in the work of amateur organizations and educational activities, taking measures to compensate for damage caused by a crime, and not needing to fully serve the sentence imposed by the court, may be released by the court on parole from serving the sentence imposed by the court." Currently, convict D. fully meets these requirements.
He fully paid off the state and two private lawsuits, which can be seen from the accounting department of the Institution ZhD 158/4. His previous disciplinary penalties, the last of which was on June 20, 2005, that is, for more than 7 years and 5 months, have long been repaid, and Part 7 of Article 113 of the Criminal Code states that a person who will not be subjected to a new penalty within six months from the date of serving the disciplinary penalty is considered to have no penalties. According to paragraph 10 of regulatory decree No. 10 of December 25, 2007, the penalties withdrawn and repaid are not taken into account when resolving this issue, that is, they cannot be used as the basis for court decisions on refusal of parole. Moreover, the convicted D. has been in light conditions of detention since October 05, 2010, which is a long-term form of encouragement in accordance with Part 2 of Article 118 of the Criminal Code in the absence of penalties for violations of the established procedure for serving sentences and conscientious attitude to work. The absence of penalties, the presence of 4 rewards and being in light conditions of detention indicates his firm commitment to the path of correction and law-abiding. In such circumstances, the cassation board reasonably overturned the decisions of the lower courts and granted the petition of convict D. Another example. By the decision of the Atyrau city Court No. 2 dated August 31, 2012, which was left unchanged by the decision of the Atyrau Regional Court of Appeal dated October 17, 2012, the petition of the convicted Kh. for parole was dismissed. The court of first instance, in rejecting the petition, referred in its decision to the absence of circumstances confirming the possibility of parole from further serving the sentence, the existence of arrears in civil claims and the objection to parole. the victim T. At the same time, according to the material, Kh., who has been serving a sentence since September 05, 2009, imposed by a court verdict of May 26, 2008 under paragraph "b" of Part 3 of Article 177 of the Criminal Code, has shown herself to be positive, observes the order and regime of detention, internal regulations, treats work conscientiously, is active in studies and in the events held, she has 2 incentives, which has proved her correction. In addition, H. is a widow, has five minor children, who are currently being raised by her parents. Two penalties for violations committed by X. In 2010, in the month of April 2011, she was repaid, subsequently she had two promotions. The above circumstances, in the opinion of the cassation board, namely: conscientious attitude to work, law-abiding behavior, active participation in the life of the institution, in ongoing activities, including educational, educational, positive characteristics, the conclusion of a psychologist, taking measures to repay the damage caused by the crime, allow us to conclude that X. does not need to serve the full sentence imposed by the court, may be released on parole. The victim T., whose opinion was taken into account by the court, was recognized as a victim by the verdict of the Atyrau City Court of October 27, 2009, according to which the convict was released from punishment. In addition, the board took into account the convict's marital status and the presence of five minor children. In such circumstances, the convicted woman's petition was reasonably granted.
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
