The judicial panel for criminal cases and administrative offenses of the Issyk-Kul Regional Court reviewed the appeal of S.A.Z. against the verdict of the Tyup District Court and decided to leave the appeal ungranted — the verdict in the case of attempted murder.
The materials of the case were taken from the State Register of Judicial Acts.
Thus, earlier, by the verdict of the first instance court, S.A.Z. (Zaytsevich - modified) 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 period of detention prior to the verdict entering 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, witness, the protocol of the scene of the incident, diagrams, photo tables, the protocol of personal search, the protocol of the interrogation of the accused, the protocol of the verification of testimony at the scene, expert conclusions, the protocol of the witness interrogation, the protocol of the confrontation, and the ruling on the recognition of material evidence.
Medical examination proved that the accused was in a state of alcohol intoxication. Blood of the victim was found on his clothing.
What happened
According to the materials of the case, the incident occurred in the house of the accused around 10:00 PM. While in a state of alcohol intoxication, during a quarrel with his acquaintance M.S.N. (Stepan - modified), 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 abdomen and chest of the latter. As a result, Stepan sustained penetrating knife wounds to the abdominal cavity with damage to the liver, greater omentum, and loops of the small intestine, as well as penetrating knife wounds to the chest without damage to lung tissue.
Witness testimony
In the court session of the first instance court, 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. M.A. then 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 his home in the city of Karakol.
A criminal case was initiated 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 intent 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 materials of the case, 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 judicial 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, has Russian citizenship, is single, previously not convicted, has higher education, and is a pensioner. He resides in the village of Mikhailovka, Tyup District.
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