Illegal transportation of firearms, illegal entry into the premises, theft of property and robbery

By the verdict of the arys District Court of Turkestan region dated March 31, 2020: T. previously convicted, sentenced to 7 years in prison under Paragraph 2) of the third part of Article 192 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), 4 years in prison under the fourth part of Article 287 of the Criminal Code, 5 years in prison under paragraphs 3), 4) of the third part of Article 291 of the Criminal Code, 7 years in prison on the basis of the third part of Article 58 of the Criminal Code convicted, serving the sentence in a moderately safe institution of the Penal correction system is established. In accordance with paragraph 2) of part three of Article 62 of the criminal code, T. one day of detention from October 22, 2019 until the entry into force of the sentence is calculated for the term of punishment at the rate of one and a half days of serving a sentence in a medium-security institution.  The term of serving the sentence is calculated from October 22, 2019. 196,884 tenge of procedural costs were collected from T. in favor of the state. This sentence does not bring a protest against the review of judicial acts convicted in K. and ZH. in relation to them in a cassation manner. By the court verdict T. he was found guilty of illegal transportation of firearms by preliminary collusion of a group of people, illegal entry into residential premises, robbery by embezzlement of large-sized property and embezzlement of firearms with ammunition unregistered in the victim's home. By the decision of the Judicial Board of the Turkestan Regional Court on criminal cases dated May 15, 2020, the court's verdict was changed. In relation to T., the requirements of the fourth part of Article 55 of the criminal code are applied, and under Paragraph 2) of the third part of Article 192 of the criminal code, the sentence of imprisonment is reduced to 5 years and 1 month. On the basis of the third part of Article 58 of the criminal code, the final sentence is imposed by imprisonment for 5 years and 1 month.

Illegal transportation of firearms, illegal entry into the premises, theft of property and robbery

The word "from October 22, 2019" in the resolution part of the sentence is replaced by the word "from October 19, 2019". The rest of the sentence is left unchanged. The prosecutor general did not dispute the differentiation and proof of the actions of the convicted person in his protest, however, in the appellate court, indicating that the requirements of part four of Article 55 of the criminal code were incorrectly applied in relation to T., He changed the court's decision and asked to leave the verdict of the court of first instance unchanged. The circumstances specified in the court verdict of the convicted T. the commission of criminal offenses is based on the evidence objectively studied at the court session and given an appropriate assessment and corresponds to the actual circumstances of the case. In accordance with the normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 25, 2015 No. 4" on some issues of the imposition of criminal punishment", the courts strictly observed the general rules for the imposition of punishment specified in Article 52 of the Criminal Code, as well as to determine which category the criminal offense belongs to, , in order to achieve the goal of a criminal offense, it is necessary to take into account the significance of its actions and the impact on the nature and amount of damage caused or may be caused, the presence of a set of criminal offenses, the presence of circumstances mitigating or aggravating liability and punishment, the grounds for imposing a more lenient punishment than the punishment provided for the same criminal offense. In accordance with Article 55 of the Criminal Code, the imposition of a penalty for committing a criminal offense below the lower limit established by the relevant article, or the imposition of a milder type of punishment not specified in the sanction of the relevant article of the criminal code, in which the criminal offense is differentiated, or the imposition of an additional punishment provided for as a mandatory punishment is allowed only if special circumstances are revealed that significantly reduce the degree of danger to society of the criminal offense. Both individual mitigating circumstances and a combination of such circumstances and other circumstances relating to the Committed Act, the personality of the defendant, which testify to the low degree of danger to society of the Committed Act and a positive socio-moral image of the defendant, may be recognized as special circumstances. The Appellate Judicial Board recognized as special circumstances that, when imposing a sentence on T., He did not play an active role in the commission of the offense, did not have a previous trial, did not commit any criminal acts before and after committing this criminal offense, did not commit other violations, actively assisted in revealing the actions committed by the group participating in the group criminal offense, partially recognized the Committed Act and partially replaced the material damage caused to the victims, it was concluded that it was necessary to impose a penalty below the minimum limit. However, the conclusions of the judicial board that T. did not play an active role in the commission of the offense and actively assisted in the disclosure of the actions committed by the group participating in the criminal offense do not correspond to the materials of the criminal case. As it turned out in the pre-trial investigation, T. with a hunting rifle taken from the victim's house, the victims D. I watched M., put a kitchen knife on victim M.'s neck, tied the victims ' arms and legs with rope thread and duct tape, and stabbed the wheels of victim M.'s car parked at the door. K., who is found guilty in a separate criminal case, is recognized as a person who transferred information to the criminal prosecution authority regarding the disclosure of this criminal offense and its participants.  Therefore, by the verdict of the Arys District Court of June 12, 2020, the fourth part of Article 55 of the criminal code was applied to impose a penalty on him. According to the case materials, convicted T. partially admitted guilt and did not fully compensate for the material damage caused to the victims. At the same time, convicted T., wearing a medical mask on his face, construction gloves on his hands, illegally entered housing with a group of people with the use of firearms and knives, using force dangerous to the life and health of victims, robbing other people's property in large quantities and committing a serious crime.

Illegal transportation of firearms, illegal entry into the premises, theft of property and robbery

In such a context of the case, the conclusion of the Appellate Judicial Board on the existence of circumstances of a special nature that make it possible to reduce the degree of public danger of the action in the case is unfounded, and they are not grounds for mitigating the punishment imposed in respect of T. convicted in accordance with the fourth part of Article 55 of the criminal code. The judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan changed the verdict of the Judicial Board of appeal against the convicted T. and canceled part of the validity of Article 55 of the Criminal Code against T. T. Sentenced to 7 years of imprisonment under Paragraph 2) of the third part of Article 192 of the Criminal Code, 4 years of imprisonment under the fourth part of Article 287 of the Criminal Code, 5 years of imprisonment under paragraphs 3), 4) of the third part of Article 291 of the Criminal Code, 7 years of imprisonment on the basis of the third part of Article 58 of the criminal code, serving the sentence in a medium-safe institution of the Penal correction system. The remaining part of the judicial act was left unchanged, and the protest of the prosecutor general of the Republic of Kazakhstan was satisfied. 

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