The court of cassation overturned the application of an amnesty for a convict in a case concerning the misappropriation of budget funds in the Atyrau Region and reinstated the original sentence of 7 years in prison. Previously, the court of first instance had reduced the sentence after applying the amnesty.
HOW THE CASE UNFOLDED
According to the Prosecutor General's Office, an accountant from a state institution, together with the head of the organisation, misappropriated over 88.8 million tenge in budget funds in 2023–2024.
The court found the woman guilty and sentenced her to 7 years in prison. Later, an amnesty was applied to her, resulting in the prison term being reduced to 4 years and 8 months.
WHY THE PROSECUTOR GENERAL'S OFFICE CHALLENGED THE DECISION
The application of the amnesty was deemed unlawful. According to the law, a sentence for embezzlement on an especially large scale can only be reduced if the damage caused is fully compensated.
The case materials indicate that the convict did not fully compensate for the damage. Furthermore, it was ordered that over 36.8 million tenge be recovered from her.
WHAT DECISION DID THE COURT OF CASSATION MAKE
Despite the absence of full compensation for the damage, the court of first instance reduced the sentence by one third, and the court of appeal did not rectify this violation.
Following a protest from the Prosecutor General's Office, the court of cassation overturned the application of the amnesty and reinstated the original sentence — 7 years in prison.
The department emphasised that an amnesty cannot be applied if the condition set by law for full compensation of the damage caused has not been met.