A Nighttime Argument in the Stairwell Turned into a Case in the Supreme Court » Gazeta.kg

The judicial authorities convicted a resident of the Chui region for assaulting another woman. This decision was published on the "Digital Justice" portal.
The names of the individuals have been changed. The investigation established that on the night of August 5, 2023, in the entrance of one of the apartment buildings in the city of Kara-Balta, Tynara, while in a conflict with the victim Zulfiya, grabbed her by the hair and struck her. As a result of the examination, it was determined that the victim had injuries classified as minor harm to health, which led to a temporary disturbance of her well-being.

According to the decision of the Jayil District Court of the Chui region, Tynara was found guilty under part 2 of Article 280 "Hooliganism committed by a group of persons" of the Criminal Code of the Kyrgyz Republic and received a three-year prison sentence in a general regime colony. However, in accordance with the amnesty law, she was released from punishment. In addition, she was ordered to pay 9,000 soms as material damages and 20,000 soms for moral harm.
The Chui Regional Court confirmed the decision of the Jayil District Court.

In the cassation complaint filed by the victim and her representative, they requested to change the verdict by excluding the termination of the case against Tynara based on the amnesty act and to impose a sentence of three years of imprisonment. The complaint stated that the amnesty was applied unlawfully, as the damage had not been compensated.
The Supreme Court panel found that as evidence of material damage amounting to 9,000 soms, an invoice provided by the victim was used.
Taking into account the circumstances, the panel concluded that it was impossible to accurately determine the amount of material damage within the framework of the criminal case. Therefore, the recovery of 9,000 soms should be excluded from the court decisions.
Regarding compensation for moral harm, the Supreme Court noted that this issue cannot be resolved within the framework of the criminal case and is subject to consideration in civil proceedings.
Ultimately, the Supreme Court panel decided to amend the verdicts of the Jayil District Court and the Chui Regional Court, excluding the recovery of material and moral damages from them. All other decisions of the first and appellate instance courts remained in force.
The photo on the main page is illustrative: cont.ws.