Almaty Lawyer's appeal against unlawful conviction

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Judicial Board for Civil Cases of the Almaty City Court

The plaintiff: _______________________ 22.01.1981 G.R. IIN ___________

city of Almaty, _______________, 180-21 contact phone number: ______________  

Representative from the plaintiff on the warrant and power of attorney:

Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T., office 64 Bukhar zhyrau, Almaty 15. + 7 (708) 578 57 58.  

Respondent: Ministry of Finance of the Republic of Kazakhstan                            

 Astana, pr. __________ D. 11.

Appeal complaint

on the decision of the Bostandyk district Court of Almaty dated 08/10/20.. year

The decision of the Khandyk district Court of Almaty dated 08/10/20.. year in satisfaction of the claim _______________________ The claim for material damage and moral damage caused as a result of unlawful criminal prosecution was refused.

 

I consider the decision of the court of the first instance to be illegal and unjustified due to the incorrect application of the norms of substantive law, the incorrect definition and clarification of the range of assets relevant to the case. By the verdict of the district court no.2 Bostandyk district of Almaty dated February 1, 20.. _______________________ He was sentenced under art. 188 part 1 of the Criminal Code of the Republic of Kazakhstan to restriction of liberty for a period of 3 years. By the resolution of the Appellate Judicial Board for Criminal Cases of Almaty dated March 10, 2018, the complaint was dismissed, the verdict of the court was unchanged. Resolution of the Cassation Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan dated July 25, 20.. the verdict of the district court No.2 Bostandyk district Almaty, dated February 1, 20.., and the decision of the Appellate Board for Criminal Cases of Almaty, dated March 10, 20.., was canceled. The criminal case was closed due to the lack of corpus delicti. According to paragraph 1 of Article 923 of the Civil Code, the damage caused to a citizen as a result of unlawful conviction and criminal liability is fully compensated by the state. In accordance with paragraph 1 of Article 922 of the Civil Code, the damage is compensated at the expense of the state treasury.

 

In accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 2, paragraph 1 of Article 922, paragraphs 1 and 2 of Article 923, paragraph 3 of Article 951 of the Civil Code, regardless of the fault of the harm-doer at the expense of the state treasury (funds of the republican or local budget)moral damage caused to a citizen as a result of: the issuance by state bodies of acts that do not comply with legislative acts; unlawful condemnation; unlawful prosecution; illegal use of detention, house arrest, and recognizance not to leave as a preventive measure; illegal imposition of administrative penalties in the form of arrest; illegal visits to a psychiatric or other medical institution; in other cases provided for by legislative acts. In accordance with P. 22 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated March 20, 2003 No. 2 "On the application of certain norms of civil procedure legislation to courts" "in accordance with Articles 412, 413 of the CPC, the court of appeal, based on the materials available in the case and additionally submitted, verifies the legality and validity of the decision of the court of first instance in full. The full scope of the review of the court's decision should be understood as verifying the correctness of the establishment by the court of the first instance of the factual circumstances of the case, the application or interpretation of the norms of material and procedural law."

 

On the basis of the above and in accordance with Articles 401-404, 424,427 of the CPC RK,

PROSUD:

The decision of the Bostandyk district Court of Almaty dated 08/10/20.. year to cancel and make a new decision to satisfy the claim for recovery of material damage and moral damage caused as a result of unlawful prosecution.

Application: 1. The court's decision; 2.      Thanks. personality; 3.    

Attorney.                 ______________/ Sarzhanov G.T. "____" _____________ 20.. the year 

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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