According to materials published in the State Register of Judicial Acts, T.M., U.O., and D.M. were acquitted of charges of official forgery under the following circumstances.
According to the investigation, from September to December 2024, T.M., serving as the deputy head for financial and logistical support of facility No. 3 of the Penitentiary Service under the Ministry of Justice of the Kyrgyz Republic [now the State Penitentiary Service], intentionally and with full awareness of the illegal nature of his actions, entered into a preliminary criminal conspiracy with the head of the material and technical supply and financial and logistical department of the same facility, U.O., as well as the head of the cafeteria of this facility, D.M., pursuing selfish motives for the theft of state property by using their official positions, having direct access to food products, contrary to the interests of the facility, and formed a stable criminal scheme for the theft of food products allocated for feeding convicted individuals serving sentences in facility No. 3. At the same time, in order to implement the criminal intent, the aforementioned group systematically entered false information into the official financial and logistical document of the facility titled "Cafeteria Quality Control Journal," registered under the registration number dated August 7, 2024, about the actual volume of food prepared for convicted individuals, thereby distorting its actual content, after which the individuals in question sold the food products to third parties in the Chuy region and the city of Bishkek.
Thus, as the investigative authorities believe, the criminal group led by T.M. with the participation of U.O. and D.M. systematically committed illegal actions over a long period, stealing entrusted state property, thereby causing significant damage to the state budget in the total amount of 600,795.26 soms, while the proceeds obtained through criminal means were spent on their own needs.
By the verdict of the Issyk-Ata District Court dated March 10, 2025, M.T.A. was found not guilty of the charges brought against him under part 2 of article 41 ("An organizer is recognized as a person who organized the commission of a crime or directed its execution, as well as a person who created an organized group, a criminal community or led them"), part 1 of article 346 ("Official forgery") of the Criminal Code and was acquitted due to the absence of a crime in his actions.
The measure of restraint in the form of house arrest was left unchanged and was canceled after the verdict entered into legal force.
The defendant U.O. was found not guilty of the charges brought against him under article 40, part 1 of article 346 of the Criminal Code and was acquitted due to the absence of a crime in his actions. The measure of restraint in the form of house arrest was left unchanged and was canceled after the verdict entered into legal force.
The defendant D.M. was found not guilty of the charges brought against him under article 40, part 1 of article 346 of the Criminal Code and was acquitted due to the absence of a crime in his actions. The measure of restraint in the form of house arrest was left unchanged and was canceled after the verdict entered into legal force.
By the ruling of the Issyk-Ata District Court dated March 10, 2025, the criminal proceedings regarding the accusation of M.T.A. for committing a crime provided for by part 2 of article 41, paragraph 2 of part 4 of article 210 ("Embezzlement or misappropriation of entrusted property") of the Criminal Code, as well as U.O. and D.M. for committing a crime provided for by article 40, paragraph 2 of part 4 of article 210 of the Criminal Code were terminated due to the voluntary compensation for the damage caused to the owner. The request of the defendants' lawyer to terminate the criminal case was granted.
By the ruling of the judicial panel on criminal cases and offenses of the Chuy Regional Court dated June 26, 2025, the verdict of the Issyk-Ata District Court dated March 10, 2025, was left unchanged. The appeal of the assistant prosecutor of the Issyk-Ata District, A.Almerikov, was left ungranted.
In the cassation appeal, the prosecutor of the Chuy Regional Prosecutor's Office, A.Shigaev, requested the cancellation of the judicial acts of both instances and the referral of the criminal case for a new trial in the court of first instance. He justified this by stating that the case was considered with an acquittal bias, only the arguments of the defendants were taken into account, while the arguments of the prosecution remained without proper assessment. The prosecution believes that the guilt of the defendants was fully proven by the materials of the criminal case.
The Supreme Court established that from the testimonies of D.M., given during the court proceedings, it follows that the quality control journal is used exclusively within the cafeteria, where daily data is entered about the quantity of products used for the number of convicted individuals for breakfast, lunch, and dinner. He personally fills out the journal, as he prepares the menu daily. Nothing else is indicated in this journal. Every day he fills out this journal and signs it. Besides him, members of the commission, which includes a medical worker and an operational duty officer according to the duty schedule, also sign the journal, meaning that operational staff changes every day.
This commission checks that the products and prepared food meet quality standards and that they were distributed to the convicted individuals. Nothing was stolen from the cafeteria, and false information was not entered into the journal, meaning he did not commit official forgery. This journal is bound, numbered, and registered.
From the testimonies of the representative of the injured party, F.K., given during the court proceedings, it follows that she works as an accountant. The quality control journal has no relation to accounting, and therefore she is unaware of the circumstances regarding the maintenance and filling of this journal, as well as the fact of official forgery. She also explained that the injured party has no claims against the defendants.
Having reviewed the case materials, the Supreme Court ruled to uphold the sentences of the Issyk-Ata District Court of the Chuy Region dated March 10, 2025, and the judicial panel on criminal cases and offenses of the Chuy Regional Court dated June 26, 2025. The cassation appeal of the prosecutor of the Chuy Regional Prosecutor's Office, A.Shigaev, was left ungranted. The ruling is final and not subject to appeal.
