A complaint against the actions of an inquirer investigator against a decision to refuse to satisfy an application for recognition of a close relative as a defender, refusal to admit a lawyer, threats of arrest in case of failure to appear for questioning, coercion to refuse a lawyer, refusal to grant a visit
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Prosecutor_____________ city district_______, ________________________
(Full name and class rank of justice) _________________________________________
(address of the city district Prosecutor's office) from a witness with the right to protection,
a suspect, an accused, a defendant, or a convicted person
_______________________, (Your full name and date of birth) in criminal case No. ________________
residing at/being held in an institution____________
(address, home and mobile phone number/ in custody,
only the address of the institution and the camera number)
STING BA
On the actions of the inquirer/investigator (on the decision to refuse to satisfy the application for recognition of a close relative as a defender, on the refusal to admit a lawyer, threats of arrest in case of failure to appear for questioning at the National Security Committee/Ministry of Internal Affairs, coercion to refuse a lawyer, on refusal to grant a visit) In the proceedings of the investigator/inquirer __________(FULL NAME) there are materials of the criminal case on the fact___________( article of the Criminal Code of the Republic of Kazakhstan, specified in the resolution on the qualification of the act) During the pre-trial investigation, "____" ______ 201__ G. I have submitted a written application for recognition of my spouse as my defender. ________________ ( FULL NAME) in accordance with Part 2 of Article 66 of the Criminal Procedure Code of the Republic of Kazakhstan.
Complaint About the actions of the inquirer investigator
"___" ______ 201__ G. the investigator/ inquirer ______(FULL NAME) issued an unjustified decision to refuse to satisfy the petition filed by me in accordance with Part 2 of Article 66 of the Criminal Procedure Code of the Republic of Kazakhstan, which, in case of participation as a defender of a professional lawyer, provides for the right to exercise protection of a witness with the right to defense, a suspect, an accused, a defendant, a convicted person - by his close relative / refused to allow my lawyer (lawyer's full name) to participate in the investigative action, in violation of paragraph 3, Part 2 of art. 70 of the Criminal Procedure Code of the Republic of Kazakhstan, which provides for the right of a defender to participate in all procedural actions conducted with the participation of his client/made threats against me in case of failure to appear for questioning at the National Security Committee/The Ministry of Internal Affairs in violation of art. 15 of the Criminal Procedure Code of the Republic of Kazakhstan, which obliges the body conducting criminal proceedings to protect the rights and freedoms of citizens participating in criminal proceedings, create conditions for their implementation, and take timely measures to satisfy the legitimate demands of participants in criminal proceedings/ forced me to write a waiver from a lawyer in violation of part 1 of Article 69 of the Criminal Procedure Code of the Republic of Kazakhstan, since the initiative to waive the defense attorney must come directly from the witness himself with the right to defense, the suspect, the accused, the defendant, the convicted / refused to grant a meeting with my defense attorney, contrary to paragraph 1 of Part 2 of art. 69 CPC of the Republic of Kazakhstan - what allowed the violation of the norms of the CPC of the Republic of Kazakhstan.
With the resolution/ These actions ____________________________________ ( Full name, title of investigator/inquirer and pre-trial investigation body) from ___________ 201__ G. I do not agree, I consider the resolution illegal and subject to cancellation on the following grounds/ I consider illegal on the following grounds: According to art. 13 of the Criminal Procedure Code of the Republic of Kazakhstan, during criminal proceedings, decisions and actions that degrade the honor or detract from the dignity of a person participating in criminal proceedings are prohibited, the collection, use and dissemination of information about private life, as well as personal information that a person considers necessary to keep secret, for purposes not provided for by the Criminal Procedure Code of the Republic of Kazakhstan, are prohibited. As follows from art . 15 of the CPC of the Republic of Kazakhstan, the body conducting criminal proceedings, is obliged to protect the rights and freedoms of citizens participating in criminal proceedings, create conditions for their implementation, and take timely measures to meet the legitimate demands of participants in criminal proceedings. The damage caused to a citizen as a result of violation of his rights and freedoms during criminal proceedings is subject to compensation on the grounds and in accordance with the procedure provided for by the CPC of the Republic of Kazakhstan. In accordance with Article 26 of the Criminal Procedure Code of the Republic of Kazakhstan, the suspect and the accused have the right to defense.
They can exercise this right either personally or with the help of a lawyer or legal representative in accordance with the procedure established by the CPC of the Republic of Kazakhstan. Article 31 of the CPC of the Republic of Kazakhstan proclaims the freedom to appeal against the actions and decisions of the criminal prosecution body. In addition, it is not allowed to file a complaint to the detriment of the person who filed the complaint or in whose interests it was filed. Based on the above, in accordance with Articles 31, 64, 65, 78 and 100, 101, 102, 104, 105 of the Criminal Procedure Code of the Republic of Kazakhstan, I request:
Resolution/ Actions of the investigator/inquirer_________________( FULL name) about the refusal to satisfy the application for recognition of a close relative as a defender / about the refusal to admit a lawyer/ about threats of arrest in case of failure to appear for questioning at the National Security Committee / Ministry of Internal Affairs / about coercion to refuse a lawyer / refusal to grant a visit is considered illegal, and an appropriate resolution is issued.
Take other appropriate prosecutorial response measures and give instructions to the pre-trial investigation body. Appendices: a copy of the statement and the appealed decision / a copy of the lawyer's complaint about non-admission / a copy of the testimony of witnesses who heard threats of arrest if they did not appear for questioning at the National Security Committee / Ministry of Internal Affairs / a copy of the testimony of witnesses who heard how the investigator / inquirer forced you to abandon the lawyer or a copy of the ambulance call sheet (notification of the time of arrival of the ambulance)/ a copy of the lawyer's complaint about the refusal to grant a visit (or an indication of the date when such a complaint was filed, indicating the name of the person who filed such a complaint).
Complaint About the actions of the inquirer investigator
________________ FULL NAME, ____________ signature, "____"______________201___ G.
(Submit one copy of the application through the office of the institution, and keep the other with a stamp or registration certificate.) (Write down the outgoing number and the date of your complaint if you are incarcerated).
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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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