Deputy on the Ministry of Internal Affairs bill: Voluntary return of property should not exempt from liability
She noted that the new amendments allow individuals who voluntarily report their actions and return the property to avoid criminal liability. "Thus, a person who has long used illegally acquired property can simply return it and face no consequences," Kozhokulova emphasized.
The deputy also pointed out that these amendments do not address the issue of compensation for damages.
Deputy Minister of Internal Affairs Erkebek Ashirkhodzhaev explained that exemption from liability applies only in cases where the action does not involve other criminal offenses. "In this case, it is clearly stated: if the property is returned voluntarily, the person is exempt," he added.
Kozhokulova expressed doubt that the wording "voluntarily returned property" sufficiently restricts the application of the article. "The process of legalization implies that the property was acquired illegally. If someone simply returns it, they will be exempt from criminal liability," she noted.
Ashirkhodzhaev clarified that if a public official has other criminal offenses, they will be considered separately. "Legalization indicates that the property was obtained through criminal means, for example, as a result of tax evasion," he added.
The deputy also cited the opinion of the General Prosecutor's Office. Deputy General Prosecutor Umutkan Konkubaeva supported Kozhokulova's position and indicated that the proposed changes contradict the principle of inevitability of criminal responsibility.
Kozhokulova believes that there are contradictions in the draft law. "You see, there are many points here that raise questions. Yes, you introduce confiscation of property in some cases and do not in others. In all cases where damage is caused, there should either be confiscation or an alternative," the deputy stated.
The Deputy General Prosecutor noted that confiscation of property is an additional type of punishment that the court may apply at its discretion, and emphasized the importance of an individual approach to each case.
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