For hidden embezzlement of valuables stored in the Safe of the office while serving in the office
By the verdict of the Court No. 2 of Ust – Kamenogorsk, East Kazakhstan region, dated February 20, 2020: Y. previously not convicted, sentenced to 5 years in prison under Paragraph 3) of part four of Article 188 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), serving a sentence in a medium-safe institution of the Penal correction system. The term of serving the sentence is calculated from February 20, 2020. In accordance with paragraph 2) of the third part of Article 62 of the criminal code, from February 20, 2020 until the entry into force of the sentence, one day of detention is calculated for the term of punishment at the rate of one and a half days of serving a sentence in the form of imprisonment in a medium-security institution. 21,975,000 tenge of civil claims were collected in favor of the state revenue department, 659,250 tenge of state duty in favor of the state, 289,389 tenge of procedural costs, 50,500 tenge of forced payment to the Victims ' Compensation Fund. The issue of physical evidence in the case is resolved in accordance with the procedure established by Article 118 of the CPC. By a court verdict, zh. was found guilty of secret embezzlement of 28,908,400 tenge, which, while serving as an investigator of the Department of Economic investigation in the East Kazakhstan region, was seized in the Safe of the office as physical evidence in criminal cases in the Proceedings of other investigators from October 26, 2018 to June 14, 2019. By the decision of the Judicial Board of the East Kazakhstan regional court for criminal cases dated April 17, 2020, the sentence was canceled. By the verdict of the judicial board for criminal cases of the East Kazakhstan Regional Court of April 17, 2020, zh. was declared innocent and acquitted. To resolve the issue of the need for criminal prosecution of another person, a criminal case is sent to the prosecutor. In the protest of the Acting Prosecutor General, he disagreed with the acquittal against zh., indicating that the conclusion of the court does not correspond to the actual circumstances of the case and that the Criminal Procedure Law was violated during the consideration of the case, he asked to cancel the judicial acts issued by the Appellate Judicial Board and send the case to the court of Appeal for revision.
For hidden embezzlement of valuables stored in the Safe of the office while serving in the office
The body of pre-trial investigation, while serving as an investigator of the Department of Economic investigation in the East Kazakhstan region, charged zh. with secret embezzlement of 28,908,400 tenge, which is in the Safe of the office in criminal cases in the Proceedings of other investigators from October 26, 2018 to June 14, 2019, under Paragraph 3) of part four of Article 188 of the criminal code. However, as it turned out from the materials of the case, within the framework of the charges, J. secretly embezzled funds in the amount of 28,908,400 tenge, that is, no signs of theft were revealed. In July 2018, in connection with the transfer of A. to another position, the investigator, together with his official position located in the Office Room No. 5, transferred the safe in this room with one key to zh. for further use under the official article. Funds in the amount of 28,908,400 tenge received as physical evidence in criminal cases in the Proceedings of investigators of the Department of Economic investigation of the East Kazakhstan region were placed in a safe located in the Office Room No. 5 with the participation of zh. on October 26, 2018, the key to the safe was handed over to zh. Therefore, these funds were entrusted for storage in the Safe of zh. At that moment, there was a desire of zh. to inflict large property damage on the owner without signs of embezzlement by abuse of trust. As revealed in the judicial investigation of the first instance, J. he does not argue that he is depicted in the video, where he admits his guilt, the shooting was made publicly with his consent and permission, he did not apply to law enforcement agencies with the facts of harassment against him.
This video was obtained by the investigator who conducted the criminal case in accordance with the norms of the Criminal Procedure Law by the withdrawal protocol and was examined and recognized as evidence. In accordance with paragraphs 2, 20 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018 No. 4" on the court verdict", a reasoned judgment based on evidence collected in compliance with the requirements of the law and fully, objectively and comprehensively studied, analyzed and duly evaluated directly at the court session is justified. When considering criminal cases, courts must comply with the principle of direct legal proceedings. In accordance with article 331 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), the sentence must be based on the evidence studied directly in the main trial. If the evidence was not investigated in the presence of the parties at the court session, the court is not entitled to refer to them in the verdict to confirm its nodes. Disclosure of testimony of witnesses obtained in the case during pre-trial proceedings and reference to them in the verdict is allowed only in cases specified in articles 372 of the CPC (publication of testimony of a witness). The actual data contained in these testimonies can be taken as the basis of judicial nodes only after verification, comprehensive study and confirmation at the main trial. At the same time, AP
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