RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of April 28, 2006 No. 4

About some questions of court practice on criminal cases about the careless destruction or damage of alien property made in total with other crimes

Having discussed practice of consideration of criminal cases about careless destruction or damage of alien property, the plenum of the Supreme Court of the Kyrgyz Republic notes that there is no single court practice in case of the solution of question of qualification of actions of perpetrators on cumulative offenses, in particular, when careless destruction or damage of property is connected with violation of safety rules and operation of vehicles (Art. 281 of UK), instructions for use by highways and their protection (Art. 287 of UK), the rules ensuring safe functioning of transport (Art. 285 of UK) and also with illegal occupancy by the car or other automotor-vehicle (Art. 172 of UK).

There are separate cases when the conviction for crime execution, stipulated in Article 176 Criminal codes of the Kyrgyz Republic, was taken out in absence in case papers of proofs about the size of the damaged property, and also cases of pronouncement of verdicts of not guilty, suit abatements in the absence of the bases provided by the law. Courts do not exclude from accusation careless destruction or damage of alien property to the large size as excessively shown by investigating bodies when the specified actus reus already contains as the qualifying sign of other crime of which making person is accused.

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