A court in the Akmola Region has sentenced a man to community service for committing violent acts against his own son. The child himself forgave his father and asked that he not be punished, reports infohub.kz.
According to the official Telegram channel of the courts of the Akmola Region, the Sandyktau District Court heard a criminal case against a man accused of violent acts against a minor that caused physical pain but did not harm his health (paragraph 8, part 2, article 109-1 of the Criminal Code).
The court found that the defendant, while at home with his son born in 2015, during a conflict grabbed the child by the clothing at the chest, struck him on the ear with his palm, and pushed him away.
In court, the father admitted guilt and repented. The son forgave his father, asked that he not be punished, considered himself at fault in the conflict, and wished to return home, as he is currently in a rehabilitation center.
The minor was questioned in court with the participation of a teacher and a psychologist. The minor's defense lawyer asked to terminate the proceedings due to reconciliation. The minor's legal representative and a custody and guardianship specialist pointed to the need for proper upbringing and proper control over the child. She objected to reconciliation of the parties. The teacher-psychologist explained that the minor has a difficult character and needs proper upbringing, attention, and control from a parent. The man was given appropriate recommendations on upbringing and interacting with his son.
The class teacher explained that the father takes part in his son's life, attends parent-teacher meetings, and shows interest in his studies and upbringing. At the same time, she pointed to the need for the father to ensure proper upbringing and control over the minor's behavior. The man's guilt was confirmed by the testimony of the minor victim, witnesses, expert findings, and other case materials. The sanction of paragraph 8, part 2, article 109-1 of the Criminal Code provides for a fine, corrective labor, community service, or arrest from 30 to 50 days.
Since the criminal offense involves the use of violence against a minor, the motion to terminate the criminal case due to reconciliation of the parties is not subject to satisfaction.
Issues of the minor's further residence, placement, and ensuring his rights and legitimate interests fall within the competence of the relevant child protection authorities and are not subject to resolution by the verdict.
When imposing the sentence, the court took into account that the man fully admitted guilt, repented, the victim forgave the defendant and does not insist on a strict punishment, the injuries caused did not harm health, and the defendant's financial situation (widower, temporarily unemployed). The court sentenced him to 100 hours of community service. The court act has not entered into legal force.