Kazakh man's 5-year sentence for car theft overturned

A Kazakh man's five-year prison sentence for car theft has been overturned by the Cassation Court, which found insufficient evidence to prove intent to steal.

The man was initially convicted after taking a Hyundai Elantra, claiming he did so at the driver's request to move the vehicle and clear a passage. While moving the car, he collided with two other vehicles. The court of first instance found him guilty of wrongfully taking possession without intent to steal and sentenced him to five years, a decision upheld by the appellate court.

However, the Cassation Court reviewed the case and concluded that the prosecution had not proven the essential element of the crime: direct intent to unlawfully take the vehicle. The court noted the absence of video recordings, unidentified eyewitnesses, and inconsistencies in damage assessments, stating that the accident diagram did not clarify the car's movement or collision location.

As a result, the Cassation Court overturned the lower courts' decisions, terminating the criminal case due to the lack of criminal offense elements. The man was ordered to be released from custody immediately.

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There is no video recording of the incident, eyewitnesses to the vehicle’s movement have not been identified, and the accident diagram does not make it possible to determine the distance the car moved or the location of the collision.