Countryman of Mamytbekov and Shukeyev was released

Recall that in early December, the Burabay district police department on the fact of hooliganism was placed in a temporary detention center, 55-year-old resident Nur-Sultana Kurbanov Amirbek Szhanovich. The same person who appears in the case of the raider seizure of the Kazakh-Zerno news agency and threats against the founder.  However, he did not sit in jail for long – after a week he was free.

 Who is Amirbek Kurbanov and how close is he to the former Minister of Agriculture of Kazakhstan, Asylzhan Mamytbekov, says such an article from the State newspaper of the Republic of Tatarstan, published in early 2017:

“Today, the Deputy Prime Minister of the Republic of Tatarstan – Minister of Agriculture and Food of the Republic of Tatarstan, Marat Akhmetov, met with a delegation from the Republic of Kazakhstan headed by the independent director of Bank of Astana JSC Asylzhan Mamytbekov.  The meeting was hold at the Palace of Farmers, the press service of the ministry said.  Deputy Ministers Nikolay Titov, Nazip Khazipov also participated in it, from Kazakhstan – Chairman of the Board of the Bank of Astana JSC Iskander Mailibaev, his assistant Amirbek Kurbanov, shareholder of the bank Daniyar Amanov.

Recall that it was precisely the post of director of Bank of Astana Asylzhan Mamytbekov who resigned as head of the agrarian department.  And there, his fellow countryman Amirbek Kurbanov appeared next to him … The Bank of Astana soon went bankrupt, and in its bowels huge amounts of money, which had been deposited by the KazAgro holding at one time, were lost.  Clearly, not without the knowledge of the minister.

 But back to crime.  In the course of studying the materials of the case, the investigator of the Burabay police department established all the circumstances of the outrage.

 Namely: On the afternoon of December 5, Amirbek Kurbanov was sitting at a table in the bar of the Rixos Borovoe hotel in Schuchinsk.  Under him were three young henchmen – Shaldanbaev, Nurmakhanbetov, Ashirbaev.  Later, a friend of Kurbanov, A. B. Mazhikov, joined the company.

 What exactly Kurbanov did not share with the guest is unknown.  But we know what happened afterwards.

We quote: “A. Kurbanov, being in a public place, having direct criminal intent, aimed at acts of hooliganism accompanied by the use of violence, in a group of persons by prior conspiracy with A. Shaldanbaev, N. K. Nurmakhanbetov, B. Ashirbaev  Zh., Realizing that he was violating public order with particular impudence, showing clear disrespect for society, foreseeing the possibility or inevitability of socially dangerous consequences and wishing for their onset, he began to insult A. Mazhikov with accompanying obscene words, and whether in the group  In a preliminary conspiracy, he inflicted repeated blows on Mazhikov’s body, thereby violating generally recognized norms of behavior in society with his criminal actions, and opposed his personality by neglecting a generally accepted culture of behavior”.

On December 5, the police launched a pre-trial investigation on the grounds of a criminal offense under Article 293, part 2, paragraph 1 of the Criminal Code of the Republic of Kazakhstan.  Note that the term under this article threatens a considerable one – up to 5 years in prison.

 On the same day, Kurbanov, as well as three of his assistants, were detained.  And the next day, December 6, at the request of the prosecutor, the court authorized the arrest of the entire criminal quartet for two months!

 In order to hush up this flagrant fact, it took a week during which the arrested were in custody.  The hotel’s administration on December 12 turned to the police with a request to stop the criminal prosecution of a group of people in connection with the reconciliation of the parties.

On December 14, the pre-trial investigation was cancel because the suspects agreed to terminate the criminal case against them on non-rehabilitating grounds.  After that, with the consent of the prosecutor, the preventive measure against the arrested was cancel, and they were release.

 This moment is very important.  And we asked to comment on his lawyer.  So, since Kazakhstan has taken a bias on the humanization of criminal law, the practice of reconciliation of the parties is indeed envisaged for the unloading of courts, prisons and colonies.  In fact, this is a legally formalized opportunity to pay off – you have money – you pay the victim, and he “forgives you”. 

Moreover, the law has two distinct divisions – termination of the case for rehabilitating circumstances and for non-rehabilitating ones.  Rehabilitation, for example, the commission of a crime by minors, etc.

 In the case of unworking circumstances – this is the refusal of the injured party to claim.  That is, compensation for the damage caused is the opportunity we have already paid off.  That is, by agreeing to this form of reconciliation, the suspect voluntarily admits his guilt.

 In this case, with Amirbek Kurbanov, circumstances are not rehabilitating.  That is, although a person does not go to trial and does not go to jail, for the law enforcement system, he still, in fact, remained a criminal.  All data on this incident will remain in the databases of law enforcement agencies.  And in the case of special checks, for example, when applying for a civil service, the unpleasant fact of a biography will certainly come up.  With all the ensuing consequences.

Is it correct?  Is it possible to free a criminal from punishment for money?  Discussions on this topic in society are.  After all, there are frequent cases when having paid off from the victims, a person does not draw any conclusions for the future and again commits crimes.

 That is why, looking at the example of the infamous Maksat Usenov, who shot down people in a car and bought off punishment, in 2018 the possibility of reconciliation of the parties from a fatal accident article was removed from the law.  And rightly so – some people need a tough lesson to draw conclusions from their antisocial behavior.

Myrzabek Smagulov

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