A complaint about the inaction of the pre-trial investigation body.
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To the Chairman of the Specialized Interdistrict Investigative Court of Almaty
To B. Katykbaev
from lawyer Sabit Davletovich Nigmetov
IIN 820125350700
79 Abylai Khan Ave., Almaty
office 313
Phone: 87009785755, 87054628284
in the interests of S.L.K.
a complaint about the inaction of the pre-trial investigation body.
Earlier, on 04/22/2023, S.L.K. filed an application to the Department of Economic Investigations in Almaty for bringing to criminal responsibility persons named "Alan" and "S.D.", who by their actions caused her property damage by stealing her funds from the Chia Tai Tianging platform. This application was registered with the DER in Almaty for ZHT-2023-00709281. According to the response of the Deputy head of the ERD for Almaty, M. A.K., dated 04/28/2023, No. ZHT-2023-00709281, a criminal case was initiated, registered in the ERD for No. 237500121000071 under art. 217 Part 3 of the Criminal Code of the Republic of Kazakhstan. However, to date, S.L.K. has not been recognized as a victim in the criminal case.
According to Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, a victim in a criminal proceeding is a person in respect of whom there is reason to believe that moral, physical or property harm has been caused to him directly by a criminal offense. The person conducting the pre-trial investigation is obliged to immediately recognize the person as a victim in the cases provided for in the first part of this article.
According to the response of the Deputy head of the Department of Economic Investigations in Almaty A.M. dated 08/09/2023 №ZHT-2023-01461938 S.L.K. recognition of her as a victim is not possible.
I believe that this decision of the pre-trial investigation body is illegal, since the involvement of S.L.K. in the creation of the pyramid scheme, as well as the leadership of its division, has not been proven.
According to preliminary estimates by the S.L.K., unidentified persons acting under the cover of the Chia Tai Tianging platform stole personal funds of S.L.K. in the amount of more than 50,000,000 tenge. At the same time, taking into account the remuneration amounts, at the time of the removal of the "Chia Tai Tianging" platform (application), there was an amount of just over 120,000,000 tenge in the personal account of S.L.K. (account).
Based on the above, I ask:
- to recognize as illegal the refusal of the Department of Economic Investigations in the city of Almaty to recognize S.L.K. as a victim.;
- to recognize S.L.K. as a victim in a criminal case registered in the Unified Register of Pre-Trial Investigations for No. 237500121000071.
Appendix: notice of protection, a copy of the lawyer's certificate, application to the DEHR in Almaty, the response of the DEHR in Almaty dated 04/28/2023, the response of the DEHR in Almaty dated 08/9/2023, a cover letter dated 08/9/2023.
08/10/2023 Nigmetov S.D.
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Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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