In Kazakhstan, a criminal case against a convict who received 27 disciplinary sanctions over four months has been dropped, reports infohub.kz.
According to the Cassation Court for Criminal Cases, the court of first instance and the appellate court found the Kazakhstani guilty under Part 1 of Article 428 of the Criminal Code for malicious disobedience to lawful demands of the administration of penal institutions by a person serving a prison sentence. However, the Cassation Court reviewed the verdict and terminated the criminal case due to the absence of a criminal offense.
The courts established that the basis for bringing P. to criminal responsibility was 27 disciplinary sanctions imposed by the administration of the institution over four months. Of these, 26 sanctions were related to violations committed while the convict was held in a disciplinary isolation cell and a solitary confinement cell.
The Cassation Court concluded that the demands of the administration, for non-compliance with which the citizen was held accountable, were not lawful. This was confirmed by rulings of investigative courts, results of inspections by authorized bodies, and other case materials.
Furthermore, it was established that the sanctions began to be applied after the convict started appealing the unlawful seizure of part of a parcel, and previously he had a second positive degree of behavior and commendations.
Since the administration's demands in this case were not lawful, and the convict's actions were aimed at protecting his rights and did not disrupt the normal functioning of the institution, there is no criminal offense. Therefore, the court rulings were overturned and the criminal case was dismissed.