Court No. 2 of Kostanay heard a criminal case against a representative of the regional bar association. He was accused of "theft of another's property by deception by a person using his official position and incitement to give a bribe to an official, on a significant scale".
According to the press service of the courts of Kostanay, in November 2022, a certain Citizen S. entered into a contract with lawyer B. of the regional bar association for 600 thousand tenge to provide a defence in a criminal case.
"On 27.02.2024, lawyer B., while inside the building of the Rudny City Court after the court announced its decision to send the case to the prosecutor, with the aim of obtaining Citizen S.'s money by deception and inducing him to give a bribe to the prosecutor's office employees, informed his client Citizen S. that sending the case to the prosecutor improves his position, and therefore the prosecutor's office employees would demand money in the amount of 2 million tenge for this, but that he would refuse to hand over that sum and would instead offer them the amount of his legal fee of 600 thousand tenge, which would need to be reimbursed to him later", the statement reads.
It is noted that at the same time, the lawyer did not meet with, discuss, or agree with any of the prosecutors about the return of the criminal case. Later, realising the illegality of the demands, Citizen S. filed a complaint against lawyer B. with the Anti-Corruption Agency.
Ultimately, the court found the lawyer guilty under Articles 24 Part 3, 190 Part 2 Clause 3 of the Criminal Code of the Republic of Kazakhstan (attempted fraud committed by a person using his official position) and under Articles 28 Part 4, 367 Part 2 of the Criminal Code (incitement to give a bribe, committed on a significant scale).
"Taking into account the identity of the defendant, the nature and degree of public danger of the committed act, and all the circumstances of the case, the court imposed on B. the final punishment of a fine in the amount of 20 times the bribe sum, which amounts to 12 million tenge, with confiscation of property in the form of 26 thousand Russian roubles, acquired with criminally obtained funds, and a lifelong ban on holding positions in the civil service", the statement reads.