- The case materials are taken from the State Register of Judicial Acts.
Thus, earlier, by the verdict of the first instance court, S.A.Z. (Zaytsevich - changed) was found guilty under part 1 of article 37-122 of the Criminal Code of the Kyrgyz Republic ("Attempted murder"). He was sentenced to 8 years of imprisonment to be served in a general regime correctional colony. The time spent in custody before the verdict entered into legal force was counted at the rate of one day for every two days of imprisonment.
The first instance court correctly concluded that, apart from the testimony of the accused A.S. during the investigation and trial, his guilt was fully proven by the testimony of the victim, the witness, the protocol of the crime scene inspection, the diagram, photo tables, the personal search protocol, the interrogation protocol of the accused, the protocol of the verification of testimony at the scene, the expert conclusions, the witness interrogation protocol, the confrontation protocol, and the ruling on the recognition of evidence.
The medical examination proved that the accused was in a state of alcohol intoxication. Blood from the victim was found on his clothing.
What happened
According to the case materials, the incident occurred in the accused's house around 10:00 PM. While in a state of alcohol intoxication, during a quarrel with his acquaintance M.S.N. (Stepan - changed), acting intentionally, he took out a folding knife of factory manufacture with a gray metal handle and inflicted at least seven to eight blows to the victim's abdomen and chest. As a result, Stepan sustained penetrating stab wounds to the abdominal cavity with damage to the liver, greater omentum, and loops of the small intestine, as well as penetrating stab wounds to the chest without damage to the lung tissue.
Witness testimony
In the trial of the first instance court, the witness M.A. testified that he had gone to the village of Mikhailovka to visit a friend for dinner, and when he came out, he was standing on the road trying to catch a taxi when he saw Stepan walking down the road, bent over and covered in blood. M.A. approached him to find out what had happened, to which Stepan replied that he had been stabbed. The witness immediately called an ambulance. When the ambulance arrived, he went with Stepan to the hospital in the village of Tyup. They stayed in the hospital, and when the witness confirmed that Stepan's health was stable, he took a taxi back to the city of Karakol to go home.
A criminal case was opened on this fact under part 1 of article 37-122 of the Criminal Code of the Kyrgyz Republic, as attempted murder, that is, intentional actions aimed at depriving another person of life. Zaytsevich was found guilty.
Appeal
In the appeal, the accused claimed that he had no intention to kill and acted in self-defense, requesting to reclassify his actions under the article on causing serious harm to health and to mitigate the punishment: to reclassify his actions from part 1 of article 37-122 of the Criminal Code of the Kyrgyz Republic to article 130 of the Criminal Code of the Kyrgyz Republic ("Causing serious harm to health") and to impose a sentence of 5 years of imprisonment and 3 years of probation.
No objections to the appeal were received.
Decision of the judicial panel
However, the judicial panel, having studied the case materials, concluded that the guilt of the convicted person is confirmed by a combination of evidence, including the testimony of the victim and witnesses, expert conclusions, and other materials of the criminal case.
The appellate court recognized the conclusions of the first instance court as justified and the qualification of the actions of the accused as correct. At the same time, the panel noted that the convicted person is a foreign citizen and, in this regard, made a change to the verdict.
Based on article 70 of the Criminal Code of the Kyrgyz Republic, the court ruled that after serving the sentence, S.A.Z. is subject to expulsion from the territory of Kyrgyzstan.
In all other respects, the verdict of the Tyup District Court was left unchanged. The appeal of the accused was dismissed. The court decision entered into legal force from the moment of announcement and can be appealed in cassation to the Supreme Court of the Kyrgyz Republic.
S.A.Z. is a native of the city of Petropavlovsk-Kamchatsky, holds Russian citizenship, is single, has no prior convictions, has higher education, and is a pensioner. He resides in the village of Mikhailovka in the Tyup District.
