NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2017 No. 6

About court practice on cases on fraud

Due to the questions which arose in court practice, changes of the legislation and for the purpose of uniform use of the provisions of the law, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. Draw the attention of courts that obligatory sign of fraud is availability at the perpetrator of the mercenary purpose, that is the aspiration to turn is illegal and non-paid alien property in the property, or the right to it in own favor, or for benefit of other persons. It is swindled by deception or confidence abuse as a result of which the owner or other owner of property voluntarily transfers property or the right to it to other persons.

In case of the description of event of criminal offense in the indictment and in the court verdict taking into account the objective and subjective parties of committed act the method by which way it was swindled shall be concretized.

2. Deception is method of making of fraud for the purpose of plunder of alien property or acquisition of right to alien property. Deception can consist in deliberate introduction by the message, guilty in delusion of the owner or other owner of property, obviously false, untrue data or in concealment of the true facts which shall be told the owner or the owner of property, wrong idea of legitimacy of transition of property to ownership of the perpetrator and (or) other faces creating at the owner of property or the other person.

As a result of deception the owner or other owner of property, being misled, voluntarily transfers property to the perpetrator, believing that for this purpose there are bases, and it is effective to own advantage.

3. Confidence abuse as method of fraud is that the guilty person uses the trust which arose between it and the owner or the other person under whose authority the property, for the purpose of illegal receipt of alien property or the right to it from mercenary motives is.

The trust of the owner of property or the other person to the swindler can be caused by different circumstances: personal acquaintance, recommendations of relatives and other persons, official position of the guilty person etc.

4. In case of fraud deception can be expressed as in oral, and in writing.

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