The court has overturned the verdict for the individuals convicted of the murder of the lawyer of "ArcelorMittal Temirtau" company, Irina Em, and has sent the criminal case for a new review.
On May 3, 2024, the press service of the Karaganda Regional Court informed:
- The Karaganda Regional Court has overturned the verdict of the Specialized Inter-District Court for Criminal Cases of the Karaganda Region dated February 16, 2024, against J. and R., and the criminal case has been sent for a new review in the same court from the preliminary hearing stage with a different composition.
The case in the court of first instance was considered with the participation of jurors, who delivered a guilty verdict, sentencing:
- J. was convicted under Article 99 part 2 point 7, Article 202 part 2 point 1, 5, Article 58 part 4 of the Criminal Code of the Republic of Kazakhstan, to a final 18-year imprisonment term in a medium-security correctional facility.
- R. was convicted under Article 99 part 2 point 7 of the Criminal Code of the Republic of Kazakhstan, to a 17-year imprisonment term in a medium-security correctional facility.
The press service of the Karaganda Regional Court stated that in the first instance, J. and R. were convicted of the murder of the lawyer of "ArcelorMittal Temirtau" J., and J. was also convicted of intentional arson of property in the apartment of the deceased on a large scale. The case was brought to the appellate instance with the convicted individuals' appeals. During the review of the court's verdict in the appellate procedure, the judicial panel found that the intent of the convicted individual J. directed towards arson was not reflected in the descriptive part of the verdict, i.e., it was not indicated why he did it.
According to the requirements of criminal procedural legislation, the intent of the convicted individual directed towards committing a certain crime must be proven, as it is one of the elements of the subjective side of the crime.
Considering that procedural violations were committed in delivering the verdict and that both crimes are closely related to each other, as one crime stems from the other, the judicial panel has annulled the verdict in its entirety and sent the case for a new review.
On April 23, 2023, it was reported that in Shakhtinsk, the body of the lawyer of "ArcelorMittal Temirtau," Irina Em, was found in a burnt apartment. Later, the police detained the suspects in the murder – a neighbor and his acquaintance. In February 2024, they were sentenced, and the case was considered with the participation of jurors. The neighbor of the deceased and his acquaintance were found guilty and sentenced to 18 and 17 years of imprisonment, respectively, in a medium-security correctional facility.
