Two persons were acquitted on the protest of the Prosecutor General

13 December 2018 Версия для печатиВерсия для печатиPDFPDF

The Prosecutor General Kairat Kozhamzharov initiated before the Supreme Court the termination of criminal cases against two persons.

So, by the sentence of Kokshetau city court Segizbayev was arrested  for illegal business fined 1,000 MCI (1 982 000 tenge).

According to the indictment Segizbaev engaging in business activities on wholesale distribution of alcoholic beverages, kept the products in a nearby warehouse No. 7, whereas in the state licenses issued to him in 2007 it was specified a warehouse No. 6.

Studying the materials of the criminal case by the Prosecutor General's office it was found that by storing alcoholic beverages in a nearby warehouse, he was not engaged in illegal business, but only violated the licensing conditions and was subject to administrative liability with the deprivation of a license or suspension of its action.

In the second case, in 2016 by the verdict of Issatay regional court of Atyrau the citizen of the Republic of Uzbekistan  Tajiev was convicted for failure to comply with a court decision on his deport out of the country (article 393 of the СС) to the penalty of 50 MCI, with deporting from the Republic of Kazakhstan for five years.

A year later, the above-mentioned court sentenced again convicted for the same act to six months in prison, but under another article of the Criminal code - part 1 of article 430 of the CC (failure to comply with the court's sentence).

In turn, according to article 77 of the Constitution and article 4 of the Criminal code, no one may be subject to repeated criminal liability for the same act.

The Supreme Court fully agreed with the arguments of the Prosecutor General's protests and acquitted the above-mentioned persons, stopping criminal cases for the absence of criminal offenses in their actions.

 

Press service of the Prosecutor General's office

 

 

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