Kazakh woman freed after court reclassifies husband's defense killing
@TengriNews
A court in the Abai region has reviewed the case of a woman convicted for killing a man who was attacking her husband. The Cassation Court for Criminal Cases has now significantly reduced her sentence.
The incident occurred in July 2024. According to the case materials, the woman intervened to save her spouse during a physical altercation. The assailant had pinned down her husband, pressing his foot against his neck and strangling him. In response, the woman struck the attacker on the head with a piece of wood, an injury from which he later died.
The court of first instance found her guilty of intentional infliction of grievous bodily harm resulting in death through negligence. She was sentenced to six years in prison and ordered to pay three million tenge in moral damages. An appellate court upheld this verdict.
During cassation proceedings, the defense argued that her actions were taken in defense of her husband and should be classified under a less severe article of law.
The Cassation Court agreed that she was indeed protecting her spouse but concluded that she had exceeded the limits of necessary defense by striking a heavy blow to the head with an object.
Nevertheless, the judges considered several mitigating circumstances: the woman's remorse, having a minor child, being classified as a third-group disabled person, and that the conflict was provoked by the deceased himself.
As a result, the charge was reclassified to a less severe offense. Her punishment was set at one year of imprisonment. Since she had already served this term while awaiting trial and appeal, she was released immediately in the courtroom.
Source: tengrinews.kz