Cancellation of judicial acts with the termination of proceedings on the basis of the Law "On Amnesty in the commission of open theft of property
By the verdict of the court No. 2 of the city of Semipalatinsk dated February 28, 2006: S., - convicted under paragraph "b" of part 2 of Article 178 of the Criminal Code to 3 years and 6 months of imprisonment in a high-security penal colony. In accordance with part 1 of Article 13 of the Criminal Code, the presence of a recidivism of crimes was recognized in the actions of convicted S. The verdict was upheld by the decision of the Board of Criminal Cases of the East Kazakhstan Regional Court of April 12, 2006. By the resolution of the supervisory board of the East Kazakhstan Regional Court dated April 11, 2007, the above judicial acts were amended, the actions of the convicted person from paragraph "b" of part 2 of Article 178 of the Criminal Code were reclassified to part 1 of Article 178 of the Criminal Code, which imposed 2 years of imprisonment in a correctional colony of general regime.
The recognition of a recidivism of crimes in the actions of the convicted person is excluded. The court found S. guilty of committing open theft of the property of the victim Zh. in the amount of 26,000 tenge. In the petition, lawyer D., without disputing his client's guilt in committing a crime, as well as the legal qualification given by the court to his actions, indicated that his criminal record falls under the law "On Amnesty ..." of January 09, 2006. Requests to review the judicial acts that have taken place. When reviewing the case by way of supervision, the arguments of the lawyer's petition that the criminal case against his client should be terminated were recognized as justified by the supervisory judicial board of the Supreme Court. Article 8 of the Law "On Amnesty in connection with the celebration of Independence Day of the Republic of Kazakhstan" dated January 09, 2006 explicitly states that all criminal cases and cases not considered by the courts on crimes committed before the enactment of this Law, for which a penalty of up to five years in prison or a penalty not exceeding related to imprisonment. C. an open theft of someone else's property was committed, and his actions were qualified by the court under part 1 of Article 178 of the Criminal Code. This crime was committed with. On December 14, 2005, that is, before the introduction of the specified Law "On Amnesty". The criminal law provides for a penalty of up to 4 years in prison for this crime. He appeared before the court of first instance on February 28, 2006. In such circumstances, the criminal case against S. was subject to termination by proceedings in the court of first instance on the basis of article 8 of the above-mentioned Law "On Amnesty". Based on the above, the supervisory judicial board of the Supreme Court overturned the verdict of court No. 2 of the city of Semipalatinsk, the decision of the Criminal Cases Board and the supervisory board of the East Kazakhstan Regional Court against S., the case was terminated on the basis of Article 8 of the Law "On Amnesty in connection with the Celebration of Independence Day of the Republic of Kazakhstan" dated January 09, 2006.
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