A complaint about the initiation of a criminal case under private prosecution
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To the Zhitikarinsky district court of Kostanay region to Judge E.T. Makambetov.
from the victim K.I.V. born on 11/13/1985,
IIN., place of birth: Kostanay region,
nationality: Karelian, education: secondary specialized,
place of residence: Gitikara .. microdistrict, building 18, apartment 25, S.T.8777....
complaint
on the initiation of a criminal case against a private prosecution.
On January 20, 2019, at about 04:00 in the city of Zhitikar, Kostanay region, P.I.A. Born on 05/19/1987, on the basis of personal hostility, intentionally, realizing the socially dangerous nature of his actions, anticipating and desiring the inevitability of the onset of socially - of dangerous consequences in the form of violation of the constitutional right of a citizen to inviolability of honor, dignity, and business reputation, using the Internet, which is a telecommunications network, she published on her personal page of the Odnoklassniki website, without my knowledge, my photo with the comment "Slut takes 5,000 tenge for 1 hour," thereby spreading deliberately false information about me that discredits my honor and dignity, as well as undermines my business reputation. According to the Large Explanatory Dictionary of the Russian language 2012 edition, the word "Slut" means: A loose woman. A prostitute. It is used as a censorious or abusive word. It is also used as a slang term for a prostitute. In accordance with Article 17 of the Constitution of the Republic of Kazakhstan, human dignity is inviolable. According to Article 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, and the protection of their honor and dignity. Honor is a public assessment of a person, a measure of his spiritual and social qualities. Dignity is a person's internal self-assessment of their own qualities, abilities, and worldview of their social significance. Business reputation is a stable positive assessment of a person's business merits by public opinion.
According to paragraph 1 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 18, 1992 No. 6 "On the application of judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities", it is prescribed: "Courts should keep in mind that the dissemination of information discrediting the honor and dignity of a citizen or organization means.... public statements, statements, addressed to various organizations, officials, or a message in another, including oral, form to several persons or at least one person ...". "Defamatory information is such untrue information that detracts from the honor and dignity of a citizen in public opinion or the opinion of individual citizens from the point of view of compliance with laws, moral principles of society (for example, information about committing dishonest acts, misconduct in the workforce, in the family; information discrediting industrial and economic activities, reputation, it.p.)". Common Poviraeva I.A. those who discredit my honor, dignity, and business reputation do not correspond to reality, since I am a respectable woman, I am raising a child, and I have a permanent job. Unlike Poviraeva I.A., I have not been brought to criminal and administrative responsibility, and I am not on special accounts with the Department of Internal Affairs. Thus, P.I.A. Born on 05/19/1987, she committed a criminal offense under part 2 of Article 130 of the Criminal Code of the Republic of Kazakhstan, that is, defamation is the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, committed using telecommunications networks. The stated circumstances are confirmed by my statement to the OP of the city of Zhitikar and the district, with photos from screenshots from the Odnoklassniki website page. The characteristics of me from my place of work, from my place of residence, from the UIP OAP OP G. According to these characteristics, I am characterized only on the positive side, I am not on special accounts in the Department of Internal Affairs, and I have not been brought to criminal and administrative responsibility for prostitution. They can also be confirmed by witnesses, the explanation of which is available in the case file. Reconciliation between me and P.I.A. did not take place, the latter did not even apologize, and continues her illegal actions, calling me on my cell phone from different numbers and insulting me in every possible way, humiliating my honor and dignity. A real criminal offense has caused me moral harm. Based on the above, guided by part 2 of art. 32, art.72 CPC RK, art. 407, 408, 410 CPC RK, Note: - accept the complaint for your own production. - to initiate a criminal case and bring to criminal responsibility P.I.A. Born on May 19, 1987, place of birth: Kostanay region, nationality: Russian, residing at the address: 4 microdistrict, house 16, apartment 41, Zhitikara, Zhitikarinsky district, Kostanay region, is not married, does not work, according to part 2 of Article 130 of the Criminal Code of the Republic of Kazakhstan, that is, slander is the dissemination of deliberately false information discrediting the honor and dignity of another person or undermining his reputation, committed using telecommunications networks. - to recover in my favor the moral damage caused to me in the amount of 300,000 tenge. - in order to prepare the case for trial, in accordance with Part 4 of Article 410 of the Criminal Procedure Code of the Republic of Kazakhstan, I request that you make a request addressed to the General Director of Mail LLC. <url> Group" B.E.G., address: 39 Leningradsky Prospekt, building 79, Moscow, Russian Federation, <url> LLC, in order to establish who owns the page on the Odnoklassniki website with the address " https://ok.ru /540707817925, and the place of registration, which cell phone number is assigned, also with clarification the following data: whether this page is active or not, and whether this page has been hacked by other users. Was the photo from this page published on 20.01.2019 at about 04:00 with the comment "Slut charges 5000 tenge for 1 hour"? - in order to prepare the case for trial, request information from the UKPS and the SU of the General Prosecutor's Office of the Republic of Kazakhstan on the criminal record of P.I.A., information from the Zhitikarinskaya CRH whether this citizen is registered with a psychiatrist and a narcologist, as well as from the OP of the city of Zhitikar and the district from the district police inspector a description of P.I.A. - to summon and interrogate persons to court as witnesses, the explanation of which is available in the case file.
A complaint about the initiation of a criminal case under private prosecution
Appendix: - a copy of the complaint, a copy of the identity card, an address certificate, - a photo table with screenshots from the P.I.A. page of the Odnoklassniki website on 4 sheets, – a description from the place of residence, a description from the place of work, - a description from the district police inspector, - a copy of the birth certificate, - statement of claim – 2 copies.
"___" ________ 20____ of the year. Signed: K.I.V..
Attention!
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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