A complaint about abuse of office

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Judicial Board for Criminal Cases of the Almaty City Court

Lawyer ............. legal address: Almaty .......... Tel. 8 ...........

acting in the interests of the convicted person ............... 02.09.19... G.R.,

convicted under Part 1 of Article 361 of the Criminal 

Code of the Republic of Kazakhstan to 1 year of restriction of freedom

THE APPEAL

on the verdict of the district court no.2 Bostandyk district of Almaty city dated 07/25/20...

By the verdict of the district court No. 2 of the Bostandyk district of Almaty dated 07/25/20.. ................., He was found guilty of committing a crime under Part 1 of Article 361 of the Criminal Code of the Kyrgyz Republic, and was sentenced to 1 year of restriction. I believe that the verdict of the court of first instance is illegal and unjustified on the following grounds: By the investigating authorities .............. He is accused of being a senior sergeant of the traffic patrol service of the Administrative Police Department of the Department of Internal Affairs of Almaty, on February 22, 20.. patrolling for a year in the assigned area at the intersection of Timiryazev Streets, the corner of Auezova Street stopped a suspicious vehicle zigzag-shaped moving along Auezova Street in a southerly direction and, upon inspection of the vehicle, discovered a special warning and sound device installed on the vehicle, prohibited from installing on civilian vehicles. During the investigation of the reasons for the installation of special equipment, ............. illegally seized from the driver ............. I got an ID card, a driver's license, and a vehicle in a specialized parking lot. When documents are seized, ............. He handed the driver an act of acceptance and transfer of documents, despite the fact that he did not draw up an administrative protocol on the installation of a special alarm and sound device.

Thus, in view of these illegal actions ............... He abused his official powers. However, after the driver complained to the Department of Internal Security of the Department of Internal Affairs of Almaty, the documents were returned after an internal investigation, and upon the fact of abuse of official authority in relation to ............... the materials were sent to the court. By your actions ............... violated constitutional rights ............. According to P. 21 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 8 "On the practice of considering certain corruption crimes" "if the person specified in the first part of Article 361 of the Criminal Code used official powers contrary to the interests of the service in order to extract benefits and advantages for himself, other persons or organizations, through his actions (inaction) caused harm to anyone, and this entailed causing significant harm to the rights and legitimate interests of citizens or organizations, or to the legally protected interests of society or the state., what they did cannot be qualified as receiving a bribe (emergency housing, preferential loans, etc.). Such actions should be qualified as abuse of official authority." The selfish motive of abuse of official authority can be expressed in obtaining benefits and advantages not only of a material, property nature, but also in other personal interests in the form of promotion, desire to please management, etc. Thus, according to art. 388 of the Criminal Procedure Code of the Republic of Kazakhstan, the verdict of the court must be lawful and justified. A sentence is recognized as lawful if it is passed in compliance with all the requirements of the law and on the basis of the law. A verdict is considered justified if it is made on the basis of a comprehensive and objective examination of the evidence presented to the court at a court hearing.

In accordance with paragraph 2 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 19 "On Judicial Verdict", "a verdict is lawful if it is issued in strict accordance with the requirements of the Criminal Procedure Law on Judicial Procedure on the basis of the principle of competition and equality of the parties, ensuring their access to the examination of evidence on equal grounds, provided provided that the rules of law are applied correctly.  The validity of the verdict means that it is based on evidence that has been collected in compliance with the requirements of the law, and has been fully, objectively and comprehensively investigated directly at the court session, analyzed and properly evaluated, and the court's conclusions are motivated." During the trial, the victim reconciled with the defendant and petitioned the court to terminate the criminal case in accordance with Part 1 of Article 68 of the Criminal Code of the Republic of Kazakhstan. According to part 1 of art. 68 of the Criminal Code of the Republic of Kazakhstan, a person who has committed a criminal offense or a crime of minor or moderate gravity, not related to causing death, is subject to release from criminal liability if he reconciled with the victim, the applicant, including through mediation, and made amends for the damage caused. However, the district court No. 2 of the Bostandyk district of Almaty did not take into account the above circumstances, and also found it impossible to apply art.68 part 1 of the Criminal Code of the Republic of Kazakhstan.

Based on the above and in accordance with Part 1 of Article 68 of the Criminal Code of the Republic of Kazakhstan, Articles 414, 423, 431 of Part 1 of paragraph 3, Article 433 of the Criminal Procedure Code of the Republic of Kazakhstan  

ask:

District Court Verdict No.2 of the Bostandyk district of Almaty dated July 25, 20.. to cancel, terminate the case in full and release ..... 02.09.19 ... from criminal liability in accordance with Part 1 of art.68 of the Criminal Code of the Republic of Kazakhstan.

The lawyer....

I am familiar with the defender's complaint and support it..... "___" August 20..

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