- Information about the case is taken from the State Register of Judicial Acts.
According to the data provided by the court of first instance, S.A.Z. (Zaitsevich - modified) was found guilty of attempted murder under part 1 of article 37-122 of the Criminal Code of the Kyrgyz Republic and received a sentence of 8 years of imprisonment in a general regime correctional colony. The time he spent in custody before the verdict came into force was counted at a rate of one day in custody for every two days of imprisonment.
The court of first instance reasonably concluded the defendant's guilt, based not only on his testimony but also on the statements of the victim, witness testimonies, as well as the results of the crime scene inspection, diagrams, photo tables, protocols of personal searches and interrogations of the defendant, as well as expert opinions and protocols of face-to-face confrontations.
A medical examination established that S.A.Z. was in a state of alcohol intoxication, and blood from the victim was found on his clothing.
Circumstances of the Incident
According to the case materials, the incident occurred in the defendant's house around 10:00 PM. While in a state of alcohol intoxication, S.A.Z., during a quarrel with an acquaintance M.S.N. (Stepan - modified), intentionally took out a folding knife and inflicted at least seven to eight stab wounds to the abdominal and chest areas. As a result, Stepan received penetrating stab wounds that damaged the liver, omentum, and small intestine, as well as the rib cage without damaging the lungs.
Witness Testimony
During the court proceedings, witness M.A. testified that after visiting a friend in the village of Mikhailovka, while waiting for a taxi on the road, he saw Stepan, who was covered in blood. Upon learning of what had happened, he immediately called an ambulance and accompanied Stepan to the hospital in the village of Tyup, staying there until he was assured of his stable condition.
The criminal case was initiated under article 37-122 of the Criminal Code of the Kyrgyz Republic for attempted murder, which implies intentional actions aimed at depriving another person of life. As a result, Zaitsevich was found guilty.
Appeal
In his appeal, S.A.Z. claimed that he did not intend to kill and acted in self-defense. He requested to change the qualification of his actions to causing serious bodily harm and to mitigate the sentence to 5 years of imprisonment with 3 years of probation.
No objections were received regarding the appeal.
Decision of the Judicial Panel
Having studied the case materials, the judicial panel concluded that the defendant's guilt was confirmed by a combination of evidence, including witness testimonies and expert conclusions. The appellate court found the conclusions of the first instance court to be justified and the qualification of the defendant's actions to be correct. At the same time, the panel noted that the defendant is a foreign citizen, which became the basis for changing the verdict.
According to article 70 of the Criminal Code of the Kyrgyz Republic, the court ruled that after serving his sentence, S.A.Z. would be expelled from the Kyrgyz Republic. The remaining part of the verdict of the Tyup District Court remained unchanged, and the appeal was dismissed. The court decision came into legal force from the moment of announcement and can be appealed in cassation to the Supreme Court of the Kyrgyz Republic.
S.A.Z. is a native of the city of Petropavlovsk-Kamchatsky, a citizen of Russia, unmarried, previously not convicted, has a higher education, is a pensioner, and resides in the village of Mikhailovka in the Tyup District.
