About additional or repeated interrogation
In your production, the materials of the criminal case No. 255143031000056 in relation to the E. K. A. on the signs of the composition of the criminal offense provided for by Part 1 of Article 174 of the Criminal Code of the Republic of Kazakhstan are being considered.
During the investigation, E. K. A was detained on March 2, 2025 in accordance with Article 131 of the Criminal Code of the Republic of Kazakhstan for intentional acts aimed at inciting religious discord, insulting national honor and dignity or religious feelings of citizens, and was arrested in a temporary detention center of the Police Department of Maktaaralsky district, and then arrested in a pre-trial detention center, sanctioned by the investigative court.
You can find the following information in the criminal case of your own production: "suspect E. A. from 01.07.2024 to 01.01.2025 in the period from 01.07.2024 to 01.01.2025, a resident of the House No. 11B on Kazakhstan Street, Atakent Village, Maktaaral district, 23.06.1991, etc. "Dilmurat Abu – Muhammad" Mahamatov committed the crime of causing religious discord by repeatedly distributing the sermons of Dilmurat and nazratullah Abu-Mariam". "you're following the information."
"March 14, 2025 in the criminal case, you have appointed a comprehensive judicial psychological, philological and judicial religious examination by your decision.
21.04.2025 the Center for forensic examination and Special Research sent you an expert opinion No. 61.
According to the results of this forensic examination, the defense has questions to the Expert Specialist for a comprehensive, complete and objective study of the circumstances of the case of the suspect in the case, as well as the need to obtain additional answers from the suspect in the case. At the same time, we intend to clarify or supplement the previous testimony of the suspect on the circumstances of the case, depending on whether they are sufficiently clear or incomplete.
In accordance with Section 3 of Article 60 of the Criminal Code of the Republic of Kazakhstan, the investigator is obliged to carry out criminal prosecution by taking all measures for a comprehensive, complete and objective study of the circumstances of the case.
In accordance with article 211 of the Criminal Procedure Code of the Republic of Kazakhstan, additional and repeated interrogations are conducted in compliance with the rules provided for in Article 210 of this code. It is also carried out in cases where the interrogated person has expressed a desire to clarify or supplement the previously given testimony on the circumstances of the investigated case, depending on their sufficiently clear or incomplete circumstances, and the previously interrogated person has serious new questions for the case.
In this regard, in order to fully, fully and objectively consider the criminal case, there is a need for additional interrogation of the suspect in accordance with article 211 of the Criminal Code of the Republic of Kazakhstan.
Participants in criminal proceedings have the right to apply to a person conducting a pre-trial investigation in accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan with a request to establish circumstances relevant in the criminal process, conduct procedural actions or make procedural decisions to ensure the rights and legitimate interests of the person who applied with the petition. It must be satisfied if the petition contributes to a comprehensive, complete and objective study of the circumstances of the case, ensuring the rights and legitimate interests of participants in the process or other persons.
The petition is subject to consideration and resolution as soon as it is declared. In cases where it is not possible to make a decision on the application immediately, it must be resolved no later than three days from the date of its application.
In accordance with Article 24 of the Criminal Code of the Republic of Kazakhstan, the investigator, Inquirer is obliged to take all measures provided for by law for a comprehensive, complete and objective study of the circumstances necessary and sufficient for the correct resolution of the case.
Based on the above and in accordance with articles 24, 99, 210, 211 of the Criminal Code of the Republic of Kazakhstan, please:
* For the purpose of comprehensive, complete and objective consideration of the criminal case of the suspect E. K. Atan-additional interrogation;
* 21.04.2025 No. 61 expert opinion receive a request from specialists of the Center for forensic examination and Special Research in the presence of a lawyer;
* Respond to this request within the time limits established by Article 99 of the Criminal Code of the Republic of Kazakhstan.
Resolution" 30 ""April" on the satisfaction of the application letter in 2025
Senior investigator of maktaral APB Police Captain D. Zhaksylyk, considering the materials of the criminal case number X9255143031000056,
I found out: during the investigation of the criminal case number 255143031000006 in the production of Maktaaral APB, during the examination of the mobile phone of a citizen M. B. E. It was found that in the vatsap social network "Atakent brothers" and "Brothers" groups named A. E. K., G. F. A. as a group of Citizens published audio and video recordings that provoked social, National,Tribal, racial, family-group or religious discord.
On this fact, the MAKTAARAL APB initiated a pre-trial investigation of the number x9255143031000056 under Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan on 28.02.2025. On 30.04.2025 E. A lawyer of the Almaty city bar association with a license to practice law Ho20015783 Sarzhanov Galymzhan Turlybekovich wrote an application through the e-application portal with the number Ho 3T-2025-01434229.
In this application letter, the suspect wrote an application for an additional interrogation for the purpose of a comprehensive, complete and objective consideration of the criminal case E, the conclusion of an expert number Ho61 on 21.04.2025 with the participation of a defense lawyer from specialists of the Center for forensic examination and Special Investigations.
The claim of the defense lawyer Sarzhanov Galymzhan Turlybekovich is subject to satisfaction due to the absence of obstacles to the objective and comprehensive conduct of pre-trial investigation.
Based on the above, guided by articles 67, 66 and 198 of the Criminal Code of the Republic of Kazakhstan,
RESOLUTION ЕТТІМ:
1; in the criminal case of the number Ho255143031000056, the letter of Appeal of Sarzhanov Galymzhan Turlybekovich with the number 3ZT-2025-01434229 should be satisfied.
2 send a copy of the resolution to the prosecutor of Maktaaral district.
3.inform interested persons about the decision taken.
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