Abuse of office appeal
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Judicial Board of Appeal on criminal cases of the Almaty City Court
AGKA Sarzhanov G.T., office 64 Bukharzhyrau, Almaty 15. + 7 (708) 578 57 58.
THE APPEAL
on the verdict of the Bostandyk district court No. 2 of Almaty dated 07.01.2018
By the verdict of Bostandyk district court No. 2 of Almaty dated 07.01.2018 ____________________ post.361 Part 2 of the Criminal Code of the Republic of Kazakhstan was convicted, and a fine of two thousand monthly calculation indices was imposed. The specified court verdict on recognition __________________ the guilty person is to be annulled, and my client is to be acquitted in view of the inconsistency of the court's conclusions on the proof of his guilt with the actual circumstances of the case. During the preliminary and judicial investigation, the purpose, guilt and intent to commit this crime were not proven to my client., __________________ convicted unlawfully. The court violated my client's right to judicial protection, provided for in Article 12 of the CPC. The investigation and the court also violated the norms of Articles 24, 434 of the Criminal Procedure Code of the Republic of Kazakhstan, and failed to take all legal measures for a comprehensive, complete and objective investigation of the assets relevant to the case.:
The right to defense was violated from the moment of criminal prosecution, all initial investigative actions were carried out without the participation of a lawyer;
2. The materials of the criminal case included materials that were unacceptable in the quality of evidence – unauthorized dictaphone recording; 3. The witness Bekov D., whose testimony is essential to the case, was not questioned. A significant violation of the norms of the Criminal Procedure Code of the Republic of Kazakhstan is the basis for the cancellation of the sentence. He explained the following to the essence of the case. _________________He worked in the Department of Internal Affairs of the Bostandyk district as a senior investigator of the investigative department. On November 22, 2017, the defendant left as part of the operational investigation group of the trade unions on the fact of robbery with the use of physical violence, which was not dangerous to the life and health of the defendant.. __________________.
Upon arrival at the scene of the incident on Al-Farabi Rozybakieva street. ______________.She reported that her little-known boyfriend, named Kostya, had a fight with her, took away her cell phone worth 80,000 tenge, which had previously been given to her by Iushel, and had not committed beatings, threats or other violent acts against her. The operational investigation team conducted a search of the area in search of this guy, but he was not found. On December 01, 2017, Staudov invited ______________. During an interview with the Bostandyk Department of Internal Affairs, he tried to find out Kostya's details, to which she replied that she did not know his place of residence, that she had met him in a cafe two days before the incident, where he had given her his cell phone. ______________ explained to her the consequences of her contacting law enforcement agencies and asked her to write a statement.
However, she refused the application, as she did not want to bring him to criminal responsibility. When conducting a survey ______________. A researcher was present ____________. December 12, 20__ ______________. I applied to the Almaty city Prosecutor's office with a statement that I had concealed from justice a crime committed against a non–criminal - robbery with non-life-threatening violence by a well-known man, while testifying that I was allegedly exerting psychological pressure and persuasion that it would be difficult to find the criminal, and he would have to constantly report to the Department of Internal Affairs, He forced me to withdraw my robbery claim. In support of her testimony, she presented a dictaphone recording of our conversation from 09.12.20__, made on a cell phone. The Prosecutor's office opened a criminal case under Article 361, Part 2 of the Criminal Code of the Republic of Kazakhstan and sent it to court. The results of the preliminary and judicial investigation were taken as the basis for the deprivation of evidence ______________. and the tape recording she made.
The testimonies of the witnesses of the incident, employees of the Bostandyk Department of Internal Affairs R. Zholmurzaev and N. Itekisbaev, who traveled as part of the opera group, were not taken into account. The investigator _________, the witness claimed by us, was not questioned. The original explanatory information was not properly investigated and taken into account. ______________., taken from her at the scene. On the basis of the above, in accordance with Articles 414, 423, 431, part 1, paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan,
ask: The verdict of the Botsandyk District Court No. 2 of Almaty dated 07.01.2018 in respect of __________________ cancel, and terminate the case in full.
Application: 1. Copy of the peremptory complaint
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________ 2019
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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