- The materials of the case are taken from the State Register of Judicial Acts.
Previously, the Jayyl District Court found M. B. B. (Boris - name changed) guilty of murder committed with particular cruelty. The court sentenced him to 12 years of imprisonment, to be served in a general regime correctional colony. The start of the sentence is set from the moment of his arrest — February 14, 2025.
Essence of the Incident
On the evening of February 13, 2025, at around 11:00, while at home in one of the villages of the Jayyl District, Boris was drinking alcoholic beverages. Seeing his neighbor K. B. M. (Baimurat - name changed) near his shed, he suspected him of attempting to steal. A quarrel ensued between them, which quickly escalated into a fight. Boris, intending to kill Baimurat, grabbed a metal frying pan and struck him on the head. After that, seeing that Baimurat had fallen and lost consciousness, instead of providing assistance, Boris continued to beat him with the frying pan until it broke. Baimurat did not regain consciousness and died at the scene. Boris, showing no remorse, moved the body to the summer kitchen and hid it, while he disposed of the frying pan in the toilet. He then changed his clothes and, still in a state of intoxication, went to the store for more alcohol.
The investigative authorities classified Boris's actions under paragraph 7 of part 2 of Article 122 of the Criminal Code of the Kyrgyz Republic as “murder with particular cruelty.”
Defendant's Position in the Appeal
In his appeal, Boris requested to overturn the verdict and impose a lighter sentence in the form of probation. He claims that he was in a state of affect when on February 13, 2025, at 13:00, he saw Baimurat attacking him with a log and tried to defend himself. Boris insists that the investigation did not take into account his defensive actions and unjustly made a severe decision.
Boris's Testimony in Court
At the first court session, Boris admitted his guilt and stated that on February 13, while at home, he heard a noise and went outside. Following the sounds, he found Baimurat in the shed and asked him why he was there. In response, Baimurat allegedly struck him, and as a result, Boris grabbed the frying pan and hit him. After several blows, seeing that Baimurat had lost consciousness, he moved him to the summer kitchen, believing that he was still alive. He disposed of the weapon and then bought alcohol and informed his mother about what had happened, after which she advised him to go to the police. Boris claims that he did not intend to kill and regrets what he did.
Testimonies of Relatives and Police
Baimurat's sister K. R. M. stated that her brother, who was unemployed, sometimes abused alcohol. The last time she saw him alive was on February 10, 2025, when he visited her. On February 13, she received a call from the police with the news of his death. She asked the court to punish the guilty party.
The mother of the deceased, K. K., stated that on February 11, her son left for work and did not return. On February 13, she learned that he had been killed by Boris.
The police inspector N. B. confirmed that on February 13, he received a report of a crime and, upon arriving at the scene, found a body showing signs of violent death. Boris was in a state of intoxication and confessed to the murder.
Boris's sister V. M. also confirmed that on February 13, her mother told her that Boris had confessed to the murder, and she reported it to the police.
- B. M. is a citizen of Kyrgyzstan, unmarried, with incomplete secondary education, temporarily unemployed, with no prior convictions, residing in the Jayyl District.
In his appeal, Boris requested a lighter sentence, citing a state of affect and self-defense, and also petitioned for probation. However, the appellate court of the Chui Region determined that his guilt was supported by evidence, and the arguments regarding the state of affect and the possibility of rehabilitation without isolation from society were unfounded.
The Judicial Board noted the need to rectify previously committed violations and added to the sentence mandatory treatment for alcohol dependence, which the convicted person will undergo during the period of serving his sentence.
Thus, the appeal was dismissed, and the verdict was upheld with amendments.
- The decision may be appealed in cassation to the Supreme Court of the Kyrgyz Republic.
