The Cassation Court has terminated the criminal case against a convicted Kazakh citizen, ruling that he was held liable for failing to comply with unlawful demands of the prison administration. This was reported by Qazaqyia.kz citing Kursiv Media.
The prison administration sought to bring the convict to criminal responsibility for mass disciplinary violations. However, the Cassation Court dismissed the case, finding that the penalties were unlawful and began after the man started complaining about the institution's leadership.
The Cassation Court overturned the verdict of the first-instance court and the appeal ruling against the convict, who had been found guilty of malicious disobedience to lawful demands of the penal system administration.
Initially, the courts established that the basis for criminal prosecution was 27 disciplinary penalties imposed by the prison administration over four months. However, 26 penalties were related to violations committed while the convict was held in an isolation cell and solitary confinement.
"The Cassation Court concluded that the demands of the institution's administration, for non-compliance with which P. was held accountable, were not lawful. This is confirmed by rulings of investigative courts, results of inspections by authorized bodies, and other case materials," the court noted.
Furthermore, the cassation instance found that the penalties began to be applied after the man started appealing the unlawful seizure of a parcel. Moreover, he previously had a 2nd positive degree of behavior and had received commendations.
The Cassation Court ruled that the administration's demands were unlawful, and the convict was simply defending his rights and did not disrupt the normal operation of the institution.
As a result, the court acts were annulled, and the criminal case was closed.
Earlier, Kursiv reported that a Kazakh woman achieved bankruptcy through court despite having a share in an LLP.