Theft, illegal entry into the premises and secretly embezzlement
By the verdict of the Sairam District Court of Turkestan region dated December 4, 2019: N. previously, on June 15, 2018, under paragraphs 2), 3) of part two of Article 188 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), sentenced to imprisonment for 2 years 5 months 9 days, released on parole for 1 year 4 months 8 days by the resolution of July 1, 2019, - Sentenced to imprisonment for 3 years and 6 months by Paragraph 2) of the third part of Article 188 of the Criminal Code, 4 years of imprisonment with partial inclusion of the unserved part of the sentence imposed by the verdict of June 15, 2018 on the basis of Parts One and four of Article 60 of the criminal code, serving the sentence in medium-safe institutions of the Penal correction system. The term of serving the sentence is calculated from September 10, 2019. N. collected procedural costs of 7,990 tenge 32 tiyn to the state revenue, forced payment of 50,500 tenge to the Victims ' Compensation Fund. The problem of physical evidence has been resolved. By the verdict of the court, N. was found guilty of theft, that is, theft of the property of the victims by preliminary conspiracy of a group of people, illegal entry into the premises and repeated secret embezzlement. By the decision of the Judicial Board of the Turkestan regional court for criminal cases dated January 28, 2020, the sentence was left unchanged. The time of detention of N. before the entry into force of the sentence is assigned to the term of punishment, taking into account one and a half days of serving the sentence. In his protest, the Acting Prosecutor General of the Republic of Kazakhstan, without challenging the qualification and proof of the actions of the convicted N., asked to establish the serving of the sentence of imprisonment imposed by the sentence in institutions with the highest criminal security, since he had previously been sentenced to imprisonment for committing an intentional crime.
Theft, illegal entry into the premises and secretly embezzlement
The court conducted a judicial investigation in compliance with the requirements of the law on the case, based on an objectively evaluated set of convincing evidence, the sequence of which does not raise any doubts, correctly concluded that N. is guilty of committing the criminal act described in the sentence. The fact of embezzlement, in addition to N.'s full confession of his guilt, is confirmed by the answers of the victims, protocols of inspection of the scene and physical evidence. The actions of the convicted person are correctly differentiated. When imposing a sentence on N., the court was guided by the requirements of Article 52 of the Criminal Code, taking into account the nature and degree of danger to society of the crime committed by him, data characterizing his identity, criminal liability and mitigating circumstances, including his full confession and remorse of guilt, the presence of minor children. The grounds that entail a change in the assigned sentence of imprisonment or a reduction in its term have not been established. The provisions of the second part of Article 55 of the criminal code are preserved. However, the court did not comply with the requirements of Article 46 of the criminal code when assigning to N. the type of institution of the penitentiary system. In accordance with paragraph 3) of part five of Article 46 of the criminal code, persons who have previously served imprisonment for committing an intentional crime are appointed to serve imprisonment in the highest security institutions of the Penal correction system.
By the verdict of the Talgar District Court of Almaty region dated June 15, 2018, paragraphs 2), 3) of the second part of Article 188 of the criminal code, that is, for committing an intentional crime, sentenced to imprisonment for 2 years and 5 months and 9 days, therefore, he is among the persons who have previously served imprisonment. The judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan amended the judicial acts of local courts in relation to the convicted N. and established the serving of a sentence of imprisonment in a place of maximum security of the criminal control system. The remaining parts of the judicial acts were left unchanged. The protest of the Acting Prosecutor General of the Republic of Kazakhstan was satisfied.
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