On the cassation appeal of the General Prosecutor's Office of the Republic of Kazakhstan, judicial acts regarding the organiser of an illegal gambling business were reviewed. Funds that had not previously been confiscated were directed to the state revenue.
DETAILS OF THE CRIMINAL CASE
A resident of the Turkestan Region was found guilty of organising an illegal gambling business. According to the case materials, he received income in the amount of 20 million tenge as a result of the illegal activity.
The man had previously been convicted for a similar offence. The Saryagash District Court sentenced him to 4 years of suspended imprisonment under Article 63 of the Criminal Code of the Republic of Kazakhstan (“Suspended Sentence”).
WHY THE SENTENCE WAS REVIEWED
The Prosecutor's Office filed an appeal, as a result of which the suspended sentence was overturned. However, a supervisory review revealed that the income obtained, amounting to 20 million tenge, had not been confiscated.
The General Prosecutor's Office submitted a cassation appeal, which was upheld. The judicial acts were amended, and the entire amount of illegal profit was directed to the state budget.
WHAT PUNISHMENT IS PRESCRIBED BY LAW
The supervisory body reminded that organising an illegal gambling business is punishable by imprisonment for a term of 4 to 7 years.
A mandatory condition of sentencing under this article is the full confiscation of property obtained through criminal means.