Appeal on intentional infliction of serious harm to health
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The Judicial Board of Appeal for Criminal Cases of the Amatinsky City Court
Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T., office 64 Bukhar zhyrau, Almaty 15. + 7 (708) 578 57 58.
APPEAL against the verdict of Bostandyk District Court No. 2 of Almaty dated 18.02.2018
By the verdict of the District court No. 2 of the Bostandyk district of Almaty dated 04/15/2018, Kiselyov Evgeny Stanislavovich was found guilty of committing a crime under Article 106, Part 2 of the Criminal Code of the Republic of Kazakhstan, and was sentenced to 5 years and 6 months in prison to serve his sentence in a general regime penal colony. The said sentence is subject to cancellation by virtue of the following. I believe that the court's verdict against Kiselyov E. was rendered unlawfully and is subject to cancellation on the following grounds. By the authorities of criminal prosecution, my client is accused of being in a group of persons with gr. Girichev P., Tekisbaev A. On 01.01.2018, at about 04 a.m., he inflicted grievous bodily harm on Mr. Tursunbekov B., which resulted in the death of the victim, by another unidentified person for hooligan motives.
This accusation is based only on the testimony of the deceased's stepfather, Maslov A., who is an interested party in the case. So, Maslov A. during the interrogation at the investigation and in court testified that on 01.01.2018 at about 04:00 a.m. in the courtyard of house No. 12 in the MRK. Kazakhfilm" there was a verbal altercation between him and my client Kiselyov E. about incorrect parking of a car. At the same time, Maslov claims that when he left the cabin of his car, Kiselyov E., seeing that Maslov A. was much older than him in age, told him that the conflict had been resolved. However, at that moment, his son Tursunbekov B. approached them and, seeing him, Kiselyov E. He began to use obscene language against Maslov A. again, attacked his son and began hitting him on the head with his fists. After Kiselyov E. and Tursunbekov B. fell between the cars, he tried to separate them. At that moment, three men got out of Kiselyov E.'s car, one of them had a metal object in his hands. These men began beating him and his son, while one of them struck his son on the head with a metal object. After that, he lost consciousness and doesn't remember anything else. These statements by Mr. Maslov A. are in conflict with other evidence collected in the case. During the preliminary investigation and trial, my client gave stable testimony, claiming that on 01.01.2018, at about 5 o'clock, when he drove his Toyota Camry 40 car into the courtyard of his house No. 12 in the MKR. Kazakhfilm. In the courtyard of this house, he saw a Subaru Forester car, which blocked the entrance to the courtyard of the house. He honked his horn and "punched" in order for this car to drive away so that he could drive into the courtyard of his house. However, the driver of this car did not react in any way and did not clear the passage. Then he got out of his car and approached the Subaru Forester car and made a remark to the driver, as it turned out later, it was Maslov A., and asked him to drive away. However, Maslov responded to him in a rude manner, which led to a verbal altercation between them in raised tones and using profanity. The initiator of this verbal altercation was Maslov, who was the first to insult my client.
However, when Maslov got out of his car, my client saw that he was much older than him, and out of respect for his years, he told him that the conflict was over, turned around and began to return to his car to drive back himself and let Maslov pass. However, at that moment, a young guy he had not known before approached the car, as it later became known, it was Maslov's son, Mr. Tursunbekov B., born in 1990, who began to unreasonably insult my client and was the first to punch him several times in the head area. My client began to defend himself from the blows, grabbed Tursunbekov B. and together they fell to the ground. At that moment, he felt a blow from a metal object in the area of his head. He did not see who exactly struck him this blow, but suspects that only Maslov could have done it, since he did not observe anyone else nearby. After that, he covered his head with his hands, as Maslov and his son kicked at his head and torso. At that moment, he briefly lost consciousness and does not remember what happened next. When he came to himself, he saw that he was lying on the ground covered in blood, and several people were fighting next to him, among whom he saw his friends Girichev P. and Tekisbaev A. He tried to stand up to separate the fighting, but could not get to his feet. After that, police officers arrived and detained all the fighters, including him. Then, upon arrival at the Department of Internal Affairs of the Bostandyk district of Almaty, he became ill and an ambulance team arrived and took him to the GKP at PCV No. 7 with a diagnosis of concussion, multiple bruises, bruises on his head and torso. In addition, upon arrival at the Department of Internal Affairs of the Bostandyk district, my client submitted an application for taking measures against the persons who beat him. In addition to the testimony of my client, the fact that Kiselyov was beaten by E. Maslov and Tursunbekov is confirmed by the forensic medical examination report No. 456-12/11 dated 17.01.2018 on the presence of beatings on Kiselyov's body. Similar testimony was given by the convicts Girichev P. and Tekisbaev A., who were interrogated during the trial. Under such circumstances, my client could not inflict harm on the victim A. Tekisbaev. any blows that caused his death. However, despite the obvious absence of a crime imputed to him in Kiselyov's actions and evidence of his involvement in its commission, the court, instead of passing an acquittal in accordance with art. 394, part 2, paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan, issued a guilty verdict.
Based on the above, in accordance with Articles 414, 423, 431, part 1, paragraph 4 of the Criminal Procedure Code of the Republic of Kazakhstan,
ask: The verdict of the Botsandyk District Court No. 2 of Almaty dated 04/15/2018 against Kiselyov Evgeny Stanislavovich under art.106 Part 2 of the Criminal Code of the Republic of Kazakhstan to cancel and pass an acquittal.
Application: 1.A copy of the appeal
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________2019 G.
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