A private prosecution complaint about bringing a person to criminal responsibility
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 court _____________ city district_______________
The private prosecutor: __________________________ ( Your full name, year of birth) resident
at the address: _______________________ ( Your address and phone numbers) the defendant in the case of a private
The charges: ______________________________________________________,
(Full name of the person accused in the order of private prosecution, year of birth) resident
at the address: _____________________
(the address of the person accused in the order of private prosecution and his phone numbers )
Claim
in the order of private prosecution for bringing a person to criminal responsibility under part ____ of Article 130 and part __ of Article 147 of the Criminal Code of the Republic of Kazakhstan
There is a complaint under private prosecution in your proceedings (about bringing me to criminal responsibility under part ___ of Article 130 and part ___ of Article 131 of the Criminal Code of the Republic of Kazakhstan). "____" ________ 201___ G. _____________________ submitted to ________district court (FULL name of the defendant in the private prosecution case) City court ___________ statement of claim (Appendix No. 1), on the 2nd page of which he indicated the following: "Meanwhile, I consider it necessary to indicate as information that the "___________" It is a public organization that employs unregistered employees, as there are no data on these employees in the payroll. At the same time, officially, in the state of the NGO "____________" There are ______ employees, including the director of the NGO "_____________", who personally gave us our wages first, and we signed the statements a few months later. The proof of the above fact is a copy of the salary statement in the regulated accounting for __________, provided to me by the accountant.
After I quit, the office manager of the NGO called me. "___________" and she asked me to sign the salary statements that I had received for the previous months in connection with the audit of their organization. Once I got into their position, I agreed to help and sign these statements, but among them, I found a statement for the previous month. Noticing this forgery, I took a photo of this statement, which shows that the office manager's salary is also underestimated." I see slanderous information in the fact that: - in the Public organization "______________", of which I am the director, there are no registered employees, but ___________ claims the opposite. (FULL name of the defendant in the private prosecution case) - in the NGO "________________", the director of which I am, does not pay low salaries to employees, and _______________ claims the opposite; (FULL name of the defendant in the private prosecution case) - in the NGO "______________", of which I am the director, they are not engaged in forgery, but ____________________ approves the reverse; (FULL name of the defendant in the private prosecution case) - in the NGO "______________", of which I am the director, employees are not allowed to sign the statements "retroactively", and _____________ claims the opposite. (FULL name of the defendant in the private prosecution case) 25 Thus, in the statement of claim ________________ it contains information (full name of the defendant in the private prosecution case) discrediting my honor and dignity, as well as information undermining the business reputation of our organization. In addition, it follows from the above that ____________________________ the inviolability of the private life of persons (full name of the accused in the case of private prosecution) engaged in their work in the NGO "_____________", This includes information about my salary. _____________________ admits in his statement of claim (full name of the defendant in the private prosecution case) that he compared the salaries of the persons who came and who received wages. ___________________________ he also provided information in his statement of claim that did not correspond to reality (full name of the defendant in the private prosecution case) (he slandered me). More than that, _________________________ in the complaint about bringing me to criminal (full name of the accused in the case of private prosecution) responsibility, filed "___" ___________ 201__ in ______________ district court of the city _______________ ( Appendix No. 2) also provides information that does not correspond to reality: _____________________________________________. (specify the circumstances that do not correspond to reality and evidence confirming that these circumstances do not correspond to reality).
A private prosecution complaint about bringing a person to criminal responsibility
In accordance with the Constitution of the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in the Republic of Kazakhstan. Human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and determine the content and application of laws and other regulatory legal acts. The Constitution of the Republic of Kazakhstan proclaims the right to equality of all before the law and the court, as well as, among other rights, the right to inviolability of the inherent dignity of the human person and the right to privacy. According to art . 130 of the Criminal Code of the Republic of Kazakhstan, defamation is the dissemination of deliberately false information that discredits the honor and dignity of another person or undermines his reputation. ______________ constantly reports about me and about the NGO "_____________", The director (full name of the defendant in the private prosecution case) of which I am (verbally, in writing in my numerous complaints and statements sent to law enforcement agencies, to the media) information that does not correspond to reality which discredit my honor, dignity and business reputation. In paragraph 1 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the application in judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities" dated December 18, 1992. It is stated that: "Dissemination of information discrediting the honor and dignity of a citizen or an organization means their publication in the press, a message on radio, television, using other mass media, presentation in official party and other characteristics, public speeches, statements addressed to various organizations, officials, or a message in another, including verbally to several persons or at least one person.
The communication of such information to only one person concerned cannot be recognized as its dissemination. Defamatory information is such untrue information that detracts from the honor and dignity of a citizen or organization 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 business activities, reputation, etc.). At the same time, demands for refutation of information containing relevant criticism of shortcomings in work, in a public place, in a team, or in everyday life cannot be considered justified. Honor is a public assessment of a person, a measure of his spiritual and social qualities. Dignity is an internal self-assessment of a person's own qualities, abilities, worldview, and social significance. Business reputation is a stable positive assessment of a person's business (industrial, professional) merits by public opinion. Violation of privacy (art. 147 of the Criminal Code of the Republic of Kazakhstan) consists in illegally collecting information about a person's private life that constitutes his personal or family secret, without his consent, or causing significant harm to the rights and legitimate interests of a person as a result of illegal collection and (or) processing of personal data. _____________ photographed the statement for _________ 2014 G. which (full name of the defendant in the private prosecution case) contains information about my salary, which is my personal secret.
A private prosecution complaint about bringing a person to criminal responsibility
Based on the above, in accordance with art. 32, part 8 of art. 408, paragraph 1 of Part 2 of art. 409 of the Criminal Procedure Code of the Republic of Kazakhstan, I request:
To accept my complaint about the involvement of _______________ to (FULL name of the accused in the case of private prosecution) criminal liability under part ____ of Article 130 and part ___ of Article 147 of the Criminal Code of the Republic of Kazakhstan (counter-accusation) and admit he was found guilty of committing the above-mentioned crimes.
Acknowledge me __________ FULL name) to the victims in the case of a private prosecution, on which to issue an appropriate resolution in accordance with art. 72 of the CPC RK.
To summon a witness to a court hearing: ______________________, ( Full name of the witnesses) residing at: ___________________________.
Consider the charge against me________________________ private prosecution (FULL name of the accused in the case of private prosecution) jointly and simultaneously with this complaint in the order of private prosecution ______________________________________. (FULL name of the defendant in the private prosecution case)
Appendix: in copies on ___ sheets. ________________ FULL NAME, ____________ signature, "____"______________201___ G. (Hand over two copies of the complaint, keep the third copy with a stamp or registration certificate).
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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