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Home / Forms / A STATEMENT TO THE PROSECUTOR'S OFFICE ABOUT A CRIMINAL OFFENSE

A STATEMENT TO THE PROSECUTOR'S OFFICE ABOUT A CRIMINAL OFFENSE

A STATEMENT TO THE PROSECUTOR'S OFFICE ABOUT A CRIMINAL OFFENSE

 

 

To the Prosecutor's office of the Turan district of Shymkent

 

Applicant: KR Aidaralievna

IIN: ....

Shymkent,... no. m/A... a resident of the house.

Representative by proxy:

Law and Law Law Firm

Bin 201240021767.

Lawyer Sarzhanov Galymzhan Turlybekovich

Republic of Kazakhstan, 050002, Almaty city,

79/71 Abylai Khan Avenue, office 304, Almaly district.

info@zakonpravo.kz    www.zakonpravo.kz

tel.: +7 708 971 78 58 / 8 727 971 78 58.

 

 

STATEMENT OF A CRIMINAL OFFENSE

 

Asserting itself as a democratic, secular, legal and social state, the Republic of Kazakhstan is its highest values – man, life, human rights and freedoms (paragraph 1 of Article 1 of the Constitution).

At the same time, everyone has the right to defend their rights and freedoms in all ways that do not contradict the law, and to receive qualified legal assistance (paragraphs 1 and 3 of Article 13 of the Constitution).

 

With this statement, as a representative of the Kyrgyz Republic Aidaralieva, representing her interests on the basis of a power of attorney, I inform you about the following circumstances.

KR Aidaralieva is the owner of boutiques No. 17, No. 20 and No. 21 at the Zhibek Zholy market, located at the address: Shymkent, Almaty highway No. 38 and carries out activities selling fruit and berry products in these places.

Ashdilmuratovna, who trades at boutique No. 16 in this market, has been trading together as a neighbor for about 3 years.

Since January 2026, unexplained losses have been observed in the trade turnover of the principal, R. A. Kasimova, in particular, along with the short-term disappearance of constantly supplied goods, the volume of real income has significantly decreased. These circumstances raised reasonable doubts that unauthorized persons could systematically steal goods.

The principal, R. A. K., received the initial information about the committed thefts from the owner of boutique No. 3 "b", S. E. Abdykhanovna, located next door. In particular, Sarypbekova E. A. on March 24, 2026, noticed with her own eyes that Ashdilmuratovna repeatedly transported goods in boxes from boutique No. 17 owned by R. A. K., which she immediately informed the principal of R. A. K.

In addition, Sarypbekova E. A., In order to clarify these circumstances, suggested that the owner of neighboring boutiques No. 1-2, Rozytaevna H. T., check the recordings on the surveillance cameras.

In this regard, the client contacted Rozytaevna Kh. T., the owner of the neighboring boutiques No. 1-2 K. R. A. and got acquainted with the recordings of the surveillance cameras installed in her boutique. These cameras are installed in the direction of boutiques No. 16 and No. 17. Due to the fact that the recordings of these surveillance cameras are stored for a limited period of time, only video materials belonging to the last 10 days were presented. During the viewing of the presented videos, it was established that ASHdilmuratovna, together with her husband Aziz (hereinafter - Keu), by prior agreement, repeatedly illegally entered the boutique No. 17 of the principal and secretly took fruit and vegetable products.

In particular, the videos clearly record their actions committed at least 6 (six) times.

As a result of studying the video surveillance records submitted to the market administration, the following theft facts were revealed:

Episode 1:

On March 18, 2026, at approximately 22:38 at the Zhibek Zholy market, surveillance footage shows that Ashdilmuratovna entered the territory of boutique No. 17 owned by R. A. K., repeatedly picked up goods in boxes and transported them to boutique No. 16 owned by her. Indicates that these actions were carried out systematically for the purpose of secret, insolvent illegal seizure of other people's property. In addition, at about 22:51, despite the fact that the video shows the approach of a security officer, Sh. D. A., without stopping his actions, continued to take away the goods. After the security officer left, he left the scene, recorded on video. The circumstances mentioned in episode 1 are clearly recorded on the video stored under the name "2026.03.18_22.37_bazardin_camera.mp4", which fully confirms the actions of the suspect.

Episode 2:

On March 20, 2026, at about 00:09, video surveillance recorded that Ashdilmuratovna arrived at the market and went to boutique No. 17, owned by R. A. Kan. The video shows that he examined the items in front of the boutique, examined them sideways and found the key in a certain hidden place to find the key to open the boutique door.

After that, A. S. D. illegally entered boutique No. 17 using the specified key and subsequently carried out actions to secretly seize other people's property.

From about 00:10 to 00:48, A.V. repeatedly picked up goods inside boutique No. 17 and systematically transported them to boutique No. 16, which he owned. As a result of the analysis of the video, it was found that in total she transported 25 (twenty-five) boxes and 2 (two) packages of fruit and vegetable products in stages.

This indicates that the actions were carried out in advance and systematically, for the purpose of secret, insolvent misappropriation of other people's property.

The proof of this is: the videos saved under the name "2026.03.20_00.07_bazardin_camera.mp4" and "2026.03.20_00.45_bazardin_camera.mp4".

Episode 3:

On March 20, 2026, at approximately 23:39, video surveillance recorded that Ashdilmuratovna arrived at the market and continued her actions. At about 23: 41, the video shows that he illegally entered boutique No. 17, owned by R. A. Kan.

Further, during the period up to 00:02 on March 21, 2026, Sh. D. A repeatedly picked up goods inside boutique No. 17 and transported them in stages to boutique No. 16 belonging to him. As a result of the analysis of the video, it was found that in total he took out 15 (fifteen) boxes of fruit and berry products.

 

On March 21, 2026, at about 20:44, video surveillance recorded Ashdilmuratovna's arrival at the market in a truck with her husband. Upon arrival, they entered their boutique No. 16. During the study of the video, it was established that during the specified period of time, a security officer was actively checking the market, as well as there was movement of other vehicles near the boutiques. We believe that these circumstances hindered their attempts to commit a crime.

In addition, the video shows that Sh. D. A and her husband stayed in their boutique No. 16 for a long time, but did not attempt to take out or transport any goods, entering boutique No. 17, owned by R. A. Kan. At about 22:23, they left their boutique and returned from the market. Proof of this: video recordings saved under the names "2026.03.21_20.43_bazardyn_camera.mp4", "2026.03.21_21.04_bazardyn_camera.mp4" and "2026.03.21_21.56_bazardyn_camera.mp4".

Episode 4:

On March 21, 2026, in the evening, after it was impossible to carry out any thefts, about two hours later, i.e. on March 22, 2026, at about 00:16, video surveillance recorded that Ashdilmuratovna, within walking distance, re-arrived at the market and entered her boutique No. 16. After that, at about 00: 21, the video shows that he illegally entered boutique No. 17, owned by R. A. Kan. Starting at about 00:24 A.M., A.V. picked up goods inside boutique No. 17 several times and systematically transported them to his boutique. As a result of the analysis of the video, it was found that a total of 20 (twenty) boxes of fruit and berry products were transported in stages. The last, 20th box, was transported at about 00:47, and at 00:48 it was recorded on the video that A.D. left the market area. Indicates that these actions were carried out by the group systematically by prior agreement, for the purpose of secret, insolvent illegal seizure of other people's property. The proof of this is: the videos saved under the name "2026.03.22_00.15_bazardin_camera.mp4" and "2026.03.22_00.35_bazardin_camera.mp4".

Episode 5:

On March 23, 2026, at about 13:01, taking advantage of a day off at the market, it was recorded from video surveillance footage that Ashdilmuratovna and her husband arrived at the market in a truck. As soon as they arrived, two videos clearly show that R.A. entered boutique No. 17, owned by Ka. At about 1:03:45 p.m., her husband placed a bag of boutique merchandise in the trunk of the car. After that, at 13:04:27, a box of fruit and berry products (bananas) was fixed in the trunk, and at 13: 05: 02, another box of goods was placed in the trunk. Thus, in a short period of time, after loading several goods into the car, at about 13:10 they left the scene together.

These actions indicate that Sh. D.A. and her husband, by prior agreement, as a group of persons, secretly, without payment, illegally seized other people's property. The proof of this is: "2026.03.23_12.59_bazard_camera.mp4", "2026.03.17_h04.22_camera.mp4", "2026.03.17_h04.22_camera.mp4" and "2026.03.17_camera.mp4.video saved under the name "22_camera.mp4".

Episode 6:

On March 24, 2026, at about 05:35, video surveillance recorded that Ashdilmuratovna arrived at the market and entered her boutique No. 16. Further, at about 05: 37, the video shows that he entered boutique No. 17, owned by R. A. Kan. Approximately from 05:37 to 05:55, V. D. A. periodically picked up goods inside boutique No. 17 and transported 9 (nine) boxes of fruit and berry products to his boutique. At about 05:57, he goes out the door of the boutique and watches the surroundings, trying to make sure that his actions are carried out secretly. This shows that his actions were deliberate and covert. Then, at about 06:06, after making sure that no one was around, Sh. D.A. continued to transport goods and picked up additional boxes until about 06: 11. The general report found that 12 (twelve) boxes of fruit and berry products were transported on the specified day.

Indicates that these actions were carried out systematically for the purpose of secret, insolvent illegal seizure of other people's property. The proof of this is: the videos saved under the names "2026.03.24_05.34_bazardin_camera.mp4" and "2026.03.24_05.34_camera.mp4".

Due to the fact that the video surveillance recordings are stored only for the last 10 days, the principal R. A. K. had the opportunity to study the video recordings only for the period from March 18 to March 24, 2026.

The actual videos confirm that Ashdilmuratovna and her husband secretly took possession of other people's property at least 6 times during the specified short period of time, 7 days. This fact clearly shows that their actions are not random or ad hoc, but rather implemented systematically, stably and thoughtfully in advance.

In addition, according to the explanation of the principal, K. R. A., since January 2026, there has been an unreasonable shortage of goods and a sharp decrease in income. In this regard, there are reasonable doubts that even during the period not covered by the videos, the suspects systematically attempted theft in a similar way. These circumstances require a comprehensive, complete and objective investigation of the case, including the episodes during the period not covered by the videos.

In addition, there are suppliers who were engaged in the supply of goods by the principal, K. R. A., who have contact details and data confirming the volume of products delivered, which, in turn, allows us to prove the actual delivery of goods and the subsequent shortage.

According to preliminary calculations, the total amount of material damage caused since January 2026 will amount to about 15,000,000 (fifteen million) tenge.

According to this fact, before reviewing the above-mentioned videos, on March 27, 2026, the principal filed a statement with the Turan district Police Department of the Shymkent city Police Department. However, after submitting the application, Ashdilmuratovna only once confirmed receipt of 2-3 boxes of goods, i.e. she handed over to the principal only money in the amount of 200,000 (two hundred thousand) tenge and, admitting her criminal activity, has not reimbursed the full material damage caused to date.

The above circumstances are set out in the actions of Ashdilmuratovna and her citizen named Aziz in subparagraph 1 of paragraph 2 of Article 188 of the Criminal Code of the Republic of Kazakhstan (by prior agreement of a group of persons) and subparagraphs 1,2,3 of paragraph 3 of this article (Theft committed on a large scale; repeatedly; with illegal entry into office or industrial premises, warehouse). indicates the presence of signs of a criminal offense, Theft with illegal entry from boutiques No. 17, 20 and 21, owned by Kasimova R. A.

In accordance with article 167 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC RK), a civil claim may be brought by a person who has directly suffered property or moral damage by a criminal offense or a criminally punishable act of an insane person, or by his representative from the moment the pre-trial investigation begins until the judicial investigation is completed.

In accordance with Part 1 of Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan, the beginning of a pre-trial investigation is the registration of an application, a report of a criminal offense in the Unified Register of Pre-Trial Investigations or the first urgent investigative action. The prosecutor is notified of the start of the pre-trial investigation within 24 hours.

In accordance with paragraph 1 of part 1 of Article 180 of the CPC of the Republic of Kazakhstan, the reasons for the start of a pre-trial investigation, sufficient data indicating signs of a criminal offense in the absence of circumstances precluding the proceedings, namely the application of an individual, are the reasons for the start of a pre-trial investigation.

In accordance with paragraph 1 of Part 1 of Article 181 of the Criminal Procedure Code of the Republic of Kazakhstan, an individual's statements about a criminal offense may be oral and written, or in the form of an electronic document.

In connection with the above circumstances, in accordance with articles 71, 73, 167, 179 and 181 of the Criminal Procedure Code of the Republic of Kazakhstan,

 

Ask you:

 

* Registration of Ashdilmuratovna and her citizen named Aziz in the unified database of pre-trial investigation for committing a crime in accordance with paragraphs 2.3 of Article 188 of the Criminal Code;

* Recognition of KR Aidaralieva as a victim;

* Recognition of KR Aidaralieva as a civil plaintiff;

* Conducting a full, comprehensive and objective pre-trial investigation into the circumstances indicated;

* Appoint Galymzhan Turlybekovich Sarzhanov's lawyer and Islam Mukhamedovich Kenesbek's legal adviser as representatives of the victim in the criminal case, the civil plaintiff KR Aidaraliev.

 

 

Note: We are ready to send the above videos for additional shipment.

 

 

With respect,

Representative / attorney by proxy: Sarzhanov G. T.

 

 

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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