The Judicial Board for Criminal Cases of the Supreme Court has reviewed the sentence of a man who was convicted to 9 years for manslaughter, as reported by a Tengrinews.kz correspondent.
The case has been sent for a new hearing. The man was convicted under Article 106 of the Criminal Code ("Intentional infliction of serious harm to health resulting in the death of the victim through negligence").
According to the verdict, the victim died from a closed head injury.
"The victim pushed B., then struck him in the face with his fist. In response, B. delivered two punches to the jaw area of the victim with both hands, causing the victim to fall and hit the back of his head against a concrete wall, resulting in the negligent death of the victim," the statement reads.
During his interrogation, the expert ruled out the possibility of a head injury being caused by a punch.
"Moreover, the contradictions in the experts' conclusions regarding the origin of all injuries from the fall and then hitting the concrete wall after being punched in the face or colliding the head against the entrance wall and subsequently falling have not been resolved. The experts did not describe the point of impact, nor did they indicate which specific injury sustained by the victim led to the serious harm to his health and was directly causally related to his death. According to the witness's testimony protocol, she saw the convicted person strike the victim with his left fist in the lower jaw on the right side, and then hit him with his right fist in the face on the left side. After that, the victim lost his balance and fell backward, hitting the back of his head against the wall behind him," the court's statement indicates.
However, no injuries to the right jaw were found. The court ordered compliance with the requirements of Article 24 of the Criminal Procedure Code for a complete, thorough, and objective investigation of all circumstances of the case, and to verify the claims of both the prosecution and defense.
Previously, we reported that an official fell into a coma after a brawl in Atyrau. A criminal case has been registered under part 1 of Article 106 of the Criminal Code ("Intentional infliction of serious harm to health").
