Appeal to the investigative court on refusal to satisfy the defense's claim

 

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Shu District Court of Zhambyl region

081128, Zhambyl region, Shu district, Shu city, Kunaev STR., 14 a

726-3213@sud.kz , 726-3267@sud.kz 8 7264 32 27 74,    8 7264 32-24-02

From the defender: lawyer's office" Law and law " IIN 201240021767.

Republic of Kazakhstan, 050002, Almaty, Medeu district, abylai Khana Ave., 79/71, office 304.

e-mail: info@zakonpravo.kz website: www.zakonpravo.kz Tel.: +7 708 578 57 58 / 8 727 978 57 55.

Suspect: Sh. A .a. yin... Address: Zhambyl region ... the city,.... 2/1 Street.

 

Complaint

decisions of the investigator dated 11.07.2022, prosecutor dated 29.07.2022 on refusal to satisfy the defense's claim

Senior investigator of the Investigation Department of the state institution" Police Department of the Shu District of the Police Department of the Zhambyl region " under the supervision of Police Captain G. K. Kikimbayev, a citizen of the Republic of Kazakhstan of Kazakh nationality, born on September 8, 1990 in Zhambyl region, under Paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan A. sh. there is a criminal case No. 223166031000176. On May 24, 2022, at 18:30, the suspect was detained by the pre-trial investigation body in accordance with articles 128-131 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) and placed under arrest in the UIs of the Shu APB, and then in a pre – trial detention center with a judicial sanction. To date, all pre-trial investigation measures are being carried out between the suspect and the victims and the case is nearing completion. In this regard, in accordance with Articles 19, 35, 105 of the Criminal Code of the Republic of Kazakhstan, the defense lawyer sent a petition to the investigator to terminate the criminal case for the following victims in connection with the absence of an event of a criminal offense or a composition of a criminal offense

 

For all episodes of each victim, separate petitions were hired to the investigator, but on 11.07.2022 we received a resolution from the investigator to refuse to satisfy the defense's claim. We appealed to the Shu inter-district prosecutor of Zhambyl region in accordance with Article 105 of the Criminal Code of the Republic of Kazakhstan without agreeing with the decision of the investigator to refuse to satisfy the defense's request. Complaints about the actions (omissions) and decisions of persons conducting pre-trial investigations filed by persons protecting their rights and interests or the rights and interests represented by them are submitted to the head of the investigation department, the head of the inquiry body, the prosecutor or the court in accordance with Article 105 of the Criminal Code of the Republic of Kazakhstan. As specified in Article 58 of the Criminal Code of the Republic of Kazakhstan, the prosecutor is an official within his competence exercising other powers in accordance with Article 83 of the Constitution of the Republic of Kazakhstan and this code, and in the presence of grounds for this, in accordance with the procedure provided for by this code, the prosecutor, by his decision, supervises the legality of pre-trial investigation. Based on what is stated in the complaint and the CPC of the Republic of Kazakhstan 24, 58, 64, 65-1,78, 99, 100, 105 in accordance with the articles, we asked the prosecutor: the decision adopted by the investigator on 11.07.2022 on the refusal to satisfy the petition of the defense attorney G. Sarzhanov on the termination of the criminal case – we asked you to fully satisfy the petition, recognizing it illegal. However, on 29.07.2022, the Acting Prosecutor of the Shu inter-district Toibekov A. E., The suspect of the Defender G. Sarzhanov A. Sh. in the interests of the Defense Ministry, the complaint filed in accordance with the requirements of Article 105 of the Criminal Code No. 223166031000176 was examined with the study of criminal case documents and adopted a decision to dismiss the complaint of the Defense Minister G. Sarzhanov. Dear court, we do not agree with the decisions of the investigator dated 11.07.2022, the prosecutor dated 29.07.2022 on the refusal to satisfy the defense's claim for the following reasons: as specified in the norm of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan "presumption of innocence", everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for by this code and established by a court verdict that has entered into legal force. No one with son is obliged to prove his innocence. Unresolved doubts about the guilt of the suspect, accused, defendant are interpreted in their favor.

Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant. According to the victim of this case A. zh.B., the suspect said that "M– Lombard" LLP is investing in gold, and if he invests in it, he receives 15-20% of his money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, he gave him 5,460,000 tenge, and the suspect, by his criminal activity, gave the victim a total value of 1,950,000 tenge with the balance he said that he had caused damage and was brought to the investigating authorities. However, the suspect received money from the victim in the amount of 3,670,000 tenge between 2020 and 2022, returned 1,537,700 tenge of these funds, and the balance remained 2,132,300 Tenge, the transfer of these funds to the Caspian gold condyrg, registered in the name of the mother of the suspect, but with the name of the suspect "Nurlukul K.", the victim from the Caspian gold condyrg. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation. To date, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including through mediation. -according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul, and the suspect said that by his criminal actions, the victim caused property damage in the amount of 16,617,000 Tenge, the total value of which exceeds the largest amount. However, the suspect received 6,079,000 tenge from the victim between 2020 and 2022. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. It should be noted here that the suspect responded to the victim with evidence that from 2020 to 2022, with a percentage of the above-mentioned amount, he paid 21,255,500 tenge. The fact that the victim transferred 16,617,000 tenge to the suspect on purpose or to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, the words were verbal and inaccurate; in this case, the victim was A. E. A. - according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. "I don't know," he said. However, the suspect admitted that he received 2,000,000 tenge in cash from the victim between 2020 and 2022.

Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant. According to the victim of this case A. zh.B., the suspect said that "M– Lombard" LLP is investing in gold, and if he invests in it, he receives 15-20% of his money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, he gave him 5,460,000 tenge, and the suspect, by his criminal activity, gave the victim a total value of 1,950,000 tenge with the balance he said that he had caused damage and was brought to the investigating authorities. However, the suspect received money from the victim in the amount of 3,670,000 tenge between 2020 and 2022, returned 1,537,700 tenge of these funds, and the balance remained 2,132,300 Tenge, the transfer of these funds to the Caspian gold condyrg, registered in the name of the mother of the suspect, but with the name of the suspect "Nurlukul K.", the victim from the Caspian gold condyrg. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. To date, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including through mediation. -according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul, and the suspect said that by his criminal actions, the victim caused property damage in the amount of 16,617,000 Tenge, the total value of which exceeds the largest amount. However, the suspect received 6,079,000 tenge from the victim between 2020 and 2022. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. It should be noted here that the suspect responded to the victim with evidence that from 2020 to 2022, with a percentage of the above-mentioned amount, he paid 21,255,500 tenge. The fact that the victim transferred 16,617,000 tenge to the suspect on purpose or to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, the words were verbal and inaccurate; in this case, the victim was A. E. A. - according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. "I don't know," he said. However, the suspect admitted that he received 2,000,000 tenge in cash from the victim between 2020 and 2022.

So Qatar, confirmed that he received his gold buoys from the victim. "Caspian Gold" confirmed the receipt of money in the amount of 725,000 tenge. The suspect also told the investigator in his response that the victim returned 2,800,000 tenge for the purchase of the Caspian gold condenser. "I don't know," he said. At the moment, the suspect answered the victim with the proof that he owed only the shares of gold buoys and that the gold items were held in a pawnshop for about 400,000 tenge on this day. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find their place precisely in the statements, the words were verbal and inaccurate. Today, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim exercises the right to reconcile with the suspect, accused, defendant in cases provided for by law, including by mediation.; The victim in this case is E. G. D.– according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul.delivered. However, the suspect did not receive Aksha from the victim between 2020 and 2022. It is true that the suspect received 2,000,000 tenge from the victim's mother-in-law, Inkar. "I don't know," he said, " but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know. At the same time, the suspect said that he gave the victim 800,000 tenge in cash in April of this year, that is, to give the victim's mother-in-law named Inkar. And he said that the suspect received money not at 12%, but at 15%, and every month he gave 25,000 tenge in cash to the victim, and the suspect, the victim's mother-in-law, a citizen named Inkar, owed 1,200,000 tenge. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation.

At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find their place precisely, the words were verbal and inaccurate; in this case, the victim was B. K. B. – according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 15-25% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. "I don't know," he said. However, the suspect gave an accurate answer to the investigator that he received 2,870,000 tenge from the victim in the period from 2020 to 2022 under the contract of "Caspian gold", which was returned to the victim in the amount of 4,673,000 tenge. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find their place precisely, the words were verbal and inaccurate; in this case, the victim A. A. S. – according to him, the suspect said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every monaccording to him, the suspect said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who, believing the words of the suspect, received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect caused property damage in the amount of 2,314,000 tenge with the remainder oAfter 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who, believing the words of the suspect, received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect caused property damage in the amount of 2,314,000 tenge with the remainder of the refund of the total cost to the victim by his criminal actions. However, the suspect confirmed that he received money from the victim between 2020 and 2022. He received the money through the Caspian gold installation and, according to the suspect, received 1,697,000 tenge. He also noted that he wrote a letter with a bonus of 1,697,000 tenge, received 

However, the suspect said that he received 1,776,000 tenge from the victim between 2020 and 2022, and he returned 1,663,000 tenge, and then owed the remaining 113,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, on purpose to the suspect or his transfer to the Caspian gold facility or otherwise, did not present to the investigator to this day and did not find evidence by the investigation; in this case, the victim K. N. B. – according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every monaccording to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial orgaAfter 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a light bonus, and the suspect caused property damage in the amount of 6,500,000 tenge. However, the suspect said that he received 3,413,000 tenge from the victim between 2020 and 2022, and he returned 2,418,000 tenge, and the remaining 1,000,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. It is clear that the victim, on purpose to the suspect or his transfer to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation; According to the victim of this case R. A. B., The suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, He said that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds for interest, and, believing the words of the suspect, he receiHe said that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a light bonus, and the suspect caused property damage in the amount of 2,350,000 tenge. However, the suspect said that he received 300,000 tenge from the victim between 2020 and 2022, and he returned 400,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind.

 

At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal aAt the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. According to the above-mentioned episodes, the suspect presented evidence to the investigator, proving the arrears of the victim's head = 8,503,300 tenge. Unresolved doubts about the guilt of the suspect, accused, defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant. "I don't know," he said. -according to him, the suspect borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to the suspect for the purpose of its continuation, and the suspect brought to the investigating authorities that by his criminal actions he -according to him, the suspect borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to the suspect for the purpose of its continuation, and the suspect brought to the investigating authorities that by his criminal actions he caused property damage to the victim for a total amount of 1,500,000 tenge. According to the victim T. U. S., While working in this beauty salon, the suspect promised the victim that in May 2021 he would borrow 150,000 tenge of money and pay the victim with interest. The victims reported to the investigator that they had borrowed the funds from the suspeThe victims reported to the investigator that they had borrowed the funds from the suspect. In accordance with Article 35 of the Criminal Code of the Republic of Kazakhstan, proceedings in a case are terminated on the grounds provided for in Paragraphs 1) and 2) of the first part of this article, both when the absence of an event of a criminal offense or the composition of a criminal offense is proved, and if all opportunities are used to collect additional evidence, their presence is not proved. At the same time, the relationship of the suspect with the victim can be classified as civil legal relations. At the same time, in accordance with Part 2 of Article 207 of the Criminal Code of the Republic of Kazakhstan, if the suspicion disclosed during the pre-trial investigation is not confirmed in any part, the investigator, by his decision, ceases criminal prosecution in this part, notifies the suspect and other participants in the process, providing a copy of the decision taken. As specified in thAs specified in the norm of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan "presumption of innocence", everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for by this code and established by a court verdict that has entered into legal force. No one with son is obliged to prove his innocence.

 

According to Article 106 of the Criminal Code of the RAccording to Article 106 of the Criminal Code of the Republic of Kazakhstan, a person whose rights and freedoms of a suspect in a criminal case are directly affected by the actions (omissions) and decisions of the prosecutor, investigative and inquiry bodies has the right to apply to the court with a complaint to refuse to accept an application for a criminal offense, a violation of the law in the commission of actions (omissions) and making decisions. A complaint may be submitted to the District Court at the place of residence of the body conducting criminal proceedings within fifteen days from tA complaint may be submitted to the District Court at the place of residence of the body conducting criminal proceedings within fifteen days from the date of familiarization of the person with the disagreeable decision, or within the same period after receiving the notification of the prosecutor's refusal to satisfy the complaint filed in his name, or from the day fifteen days after filing the complaint, if the answer to the complaint submitted to the prosecutor has not been received. Based on the above and in accordance with Articles 106 of the Criminal Code of the Republic of Kazakhstan,

Please:

07.2022 the resolut07.2022 the resolution adopted by the senior investigator of the Investigation Department of the Police Department of the Shu district on the refusal to satisfy the request of the police Captain G. K Kikimbayev Mr. def

 

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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