A resident of Tobyl had his sentence toughened in a case of setting his cohabitant on fire. Initially, the court sentenced him to five years in prison, but after an appeal, the term was increased to seven years, reports Todayinfo news agency.
The prosecutor's office disagreed with the initial court decision, considering it excessively lenient. In particular, the qualifying feature of "particular cruelty" was excluded from the charges.
"Despite the gravity of the crime, the court of first instance excluded the qualifying feature of 'particular cruelty.' The prosecutor's office disagreed with this decision, considering it excessively lenient, and filed an appeal to review the sentence. The appellate panel, after reviewing the case materials, concluded that the actions of the convicted person contained signs of particular cruelty," the Kostanay region prosecutor's office reported.
As a result, the sentence for the Tobyl resident was changed. He was found guilty under paragraph 4 of part 2 of Article 106 of the Criminal Code – intentional infliction of grievous bodily harm committed with particular cruelty. Taking into account the new qualification, a stricter punishment was imposed – seven years in prison.
The imposed punishment complies with the principles of legality, proportionality, and fairness, the supervisory authority noted. Earlier, in one of the garden communities, during a conflict, a man doused his cohabitant with gasoline and set her on fire. The victim suffered burns covering 30 to 35% of her body surface. Doctors classified the injuries as grievous bodily harm due to life-threatening conditions.
When imposing the sentence, the court took into account the presence of a minor dependent child. The man was found guilty and sentenced to five years in prison in a medium-security facility.
