As a result, the panel upheld the verdict of the court of first instance.
- The case materials are taken from the State Register of Judicial Acts.
Previously, the Jaily District Court found citizen M. B. B. (Boris - name changed) guilty of committing murder with particular cruelty. He was sentenced to 12 years of imprisonment to be served in a general regime correctional colony. The term of punishment is calculated from the moment of detention — February 14, 2025.
What happened?
Boris, on February 13, 2025, around 11:00, while at home (in one of the villages of the Jaily District), was drinking alcoholic beverages. At that time, stepping outside, he noticed his fellow villager K. B. M. (Baymurat - name changed) near his shed. Suspecting him of attempting to steal his livestock kept in the shed, Boris engaged in a verbal altercation with Baymurat. The verbal conflict soon escalated into a fight. During this scuffle, with the intent to take Baymurat's life, Boris grabbed a metal frying pan lying on a table under the awning and, using it as a weapon, struck Baymurat hard on the head, causing him to fall to the ground and lose consciousness. However, instead of stopping and providing assistance upon seeing Baymurat unconscious and bleeding, Boris continued to inflict numerous blows with the frying pan to the head and face with particular cruelty. As a result of the brutal and merciless blows, the handle of the frying pan broke, and Baymurat, never regaining consciousness, died on the spot. Subsequently, without feeling an ounce of remorse and remaining in a state of intoxication, Boris lifted Baymurat's body and dragged it into the summer kitchen, where he laid it on the couch. To conceal the traces of the crime and dispose of the weapon, Boris threw the metal frying pan into the toilet pit. He then changed out of his blood-stained outer clothing.
Thus, Boris's actions were qualified by the investigative authorities under paragraph 7 of part 2 of Article 122 of the Criminal Code of the Kyrgyz Republic as "murder - the deprivation of life of another person, committed with particular cruelty."
What does the appeal say?
In the appeal, the accused Boris requested that the verdict of the court of first instance be overturned and that a more lenient punishment in the form of probation be imposed, as he believes the verdict is one-sided and unjustifiably harsh, since the court did not take into account the "state of emotional distress," as on February 13, 2025, around 13:00, he caught Baymurat near his shed, who had picked up a log and attacked him. Boris claims he was forced to defend himself, but unfortunately, during the investigation, a severe decision was made against him, and it was not considered that he was defending himself and had called the police himself.
Boris's statement in court
During the court session of the first instance, Boris fully admitted his guilt regarding the charges against him and recounted that on February 13, 2025, around 12:00, while he was at home, he heard someone come. He began to wait, thinking it was his brother K. F., but no one entered. Then Boris went outside and saw footprints leading to the shed. He followed the footprints and found the victim Baymurat in the shed. Boris asked what Baymurat was doing there, to which Baymurat allegedly struck him. After that, a metal frying pan came into Boris's hands, with which he struck Baymurat in the head and face. The latter fell. After that, Boris struck Baymurat two more times, but he does not know why, perhaps out of fear. After Baymurat was already unconscious, Boris, all covered in blood, dragged him into the summer kitchen and laid him on the couch, thinking he was alive. The weapon — the metal frying pan — was thrown away by Boris into the toilet, and he changed his clothes. After that, he went to the "Azamat" store, bought alcohol, and drank. He then called his mother, who is in Russia, and informed her that he had killed a person. His mother told him to go to the police and report what had happened. Boris also claimed that he did not understand what had happened, as he was scared. He had no intention of killing Baymurat; it was a desperate situation, and he was just defending himself. Boris expressed remorse for his actions and pleaded not to be punished severely.
Words from the relatives of the deceased, the police officer, and the sister of the accused
Baymurat's sister K. R. M. stated that the deceased was her only biological brother, who lived with their mother K. K. in one of the villages of the Jaily District. During his life, her brother did not work officially and sometimes drank alcoholic beverages. The last time she saw him alive was on February 10, 2025. He came to her house, had tea, and left. On February 13, she received a call from the police informing her that her brother had been killed. On February 14, they brought her brother's body. During the washing, she saw that the left side of his face was particularly damaged. She requested that a punishment related to deprivation of liberty be imposed on the accused.
The mother of the deceased, K. K., recounted that on February 11, 2025, at 08:00, Baymurat left for work and did not return. On February 13, she learned from relatives that her son had been killed by fellow villager Boris.
The police officer N. B., a district inspector, reported that on February 13, 2025, he was at his workplace. Around 16:00, a report of a murder was received. Upon arriving at the specified address, he found the body of a man of Asian appearance with signs of violent death — the entire body was covered in blood. The accused Boris was also in the house, in a state of intoxication. When asked, "What happened?" Boris replied, "I killed a person."
The biological sister of the accused V. M. stated that on February 13, 2025, in the afternoon, she received a call on her mobile phone from her mother E. I., who lives in the Moscow region of Russia. During the conversation, her mother informed her that her son Boris had previously contacted her and said that he had killed a person. Following her mother's instructions, she called the police to report what had happened.
- B. M. is a native of the Chui Region, a citizen of Kyrgyzstan. He is unmarried, has a secondary education, is temporarily unemployed, has no prior convictions, and resides in the Jaily District.
In the appeal, the convicted individual requested a reduction in punishment, citing a state of emotional distress and self-defense, and also petitioned for the application of probation. However, the appellate court of the Chui Region concluded that the guilt of the convicted was confirmed by a combination of evidence, and the arguments regarding the state of emotional distress and the possibility of rehabilitation without isolation from society were unfounded.
At the same time, the judicial panel noted the need to eliminate the previously committed violation and supplemented the verdict with the imposition of compulsory treatment for alcohol dependence, which the convicted will undergo at the place of serving the sentence.
Thus, the appeal was left ungranted, and the court's verdict was upheld with an addition.
- The decision may be appealed in cassation to the Supreme Court of the Kyrgyz Republic.
