Appeal under the article Murder
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Judicial Board for Criminal Cases of the Almaty City Court Lawyer
Law School No. 6 AGCA Sarzhanov G.T.Almaty Bukhar zhyrau, 64, office 15.
+ 7 (708) 578 57 58.
acting in the interests of the convicted Kozhamzharov Kairat Kozhamzharovich
Born on 09/02/1982, convicted under Part 1 of Article 99 of the
Criminal Code of the Republic of Kazakhstan to 10 years in prison
THE APPEAL
on the verdict of the district court no.2 of Bostandyk district of Almaty dated July 25, 2018
By the verdict of the district court No. 2 of the Bostandyk district of Almaty dated July 25, 2018, Kozhamzharov K.K., was found guilty of committing a crime under Part 1 of Article 99 of the Criminal Code of the Kyrgyz Republic, and was sentenced to imprisonment for a period of 10 years in an institution of the maximum security penal system. I believe that the court's verdict against Kozhamzharov K.K. was rendered unlawfully due to the inconsistency of the court's conclusions set out in the verdict with the circumstances of the case and is subject to change on the following grounds. According to P. 1 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 No. 1 "On the qualification of certain crimes against human life and health" (hereinafter - NP SC RK "On the qualification of certain crimes against human life and health") to ensure the correct application of criminal law in the qualification of crimes against the person and the appointment of fair punishment, it is necessary to establish the form of guilt, the type of intent, the motives and purpose, the method, the situation and the stage of the crime, the severity of the consequences. The authorities conducting the criminal process should motivate their conclusions in procedural documents (indictment, verdict) with acceptable, reliable evidence. Appeal under the article Murder During the consideration of the criminal case by the court and during the pre-trial investigation, my client did not admit his guilt in committing the murder of Kolokolchikov V.V., because he did not want to kill him. He had no intention of harming or killing him, but only exceeding the limits of self-defense, i.e. the defendant was defending his life.
From the disposition of paragraph 30 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 No. 1 "On the qualification of certain crimes against human life and health", "it is necessary to distinguish the unlawful intentional infliction of death on a person from other intentional crimes involving serious harm to health, resulting in death by negligence, to determine the direction of the perpetrator's intent, his subjective the attitude towards the results of their actions is the death of the victim." When determining the subjective side of a crime and the form of guilt, it is necessary to proceed from the totality of all the circumstances of the crime committed, take into account, in particular, the nature of the relationship between the perpetrator and the victim, the method of commission and the instrument of the crime, the number, nature and localization of wounds and other bodily injuries, the reason for the termination of illegal actions by the subject of the crime, etc., as well as his behavior before and after the crime was committed. As it was established during the court hearing on 03/22/2018, at about 4:45 p.m., my client was at his workplace in a carpentry workshop. A verbal quarrel suddenly arose between him and the victim, Kolokolchikov V.V., which turned into blows from the victim. During the attack, the victim first grabbed a hammer lying on the table and began to beat my client, striking several blows on the client's arm with the hammer. After that, my client began to run away from the victim and the first thing he saw, from a nearby table, he accidentally hit Kolokolchikov, as if fighting off blows from a hammer. The first object that came to hand, as it was later established, was a screwdriver. How it happened that he struck V.V. Kolokolchikov on the left side of the neck tangentially, he does not remember, perhaps it happened by accident, trying to hide from the blows of the hammer. After the victim stopped hitting with a hammer and fell to the floor, the defendant realized that something had happened. Then he saw that the victim's neck was bleeding. After that, he immediately called an ambulance and the police. Appeal under the article Murder In the case file (vol. 3, l. d. 20-25), there is an examination of my client before arriving at the Department of Internal Affairs, stating that he has bruises and soft tissue tears on both hands from hammer blows.
Thus, Kozhamzharov K.K. did not prepare for the murder in advance, did not prepare the weapon of the crime - a screwdriver, he inflicted a fatal wound on Kolokolchikov A.A. accidentally, protecting his life. All these circumstances were not taken into account by the court when considering the criminal case and passing sentence, recognizing his guilt in the murder, although my client's actions are not properly qualified, since his actions contain the elements of Article 102 of the Criminal Code of the Republic of Kazakhstan. According to Article 388 of the Criminal Procedure Code of the Republic of Kazakhstan, the verdict of the court must be lawful and justified. A sentence is recognized as lawful if it is passed in compliance with all the requirements of the law and on the basis of the law. A verdict is considered justified if it is made on the basis of a comprehensive and objective examination of the evidence presented to the court at a court hearing. In accordance with paragraph 2 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002. No. 19 "On Judicial verdict" "a verdict is lawful if it is issued in strict accordance with the requirements of the Criminal Procedure Law on the procedure of judicial proceedings based on the principle of competition and equality of the parties, ensuring their access to the examination of evidence on equal grounds, subject to the correct application of the law.
The validity of the verdict means that it is based on evidence that has been collected in compliance with the requirements of the law, and has been fully, objectively and comprehensively investigated directly at the court session, analyzed and properly evaluated, and the court's conclusions are motivated." According to paragraph 5, "a guilty verdict is issued if the court has indisputably established that the crime was committed by the defendant, he is guilty of committing it, and his guilt is confirmed by evidence collected in compliance with the requirements of the law. A person's guilt in committing a crime is recognized as proven only in cases when the court, guided by the presumption of innocence, examined all the evidence directly, interpreting all the irremediable doubts in favor of the defendant, within the framework of due process of law, gave answers to all the questions specified in art. 390 of the CPC RK. An appeal under the article Murder On the basis of the above and in accordance with art. 414, 423, 431, 433, 437, 442 CPC OF the Republic of Kazakhstan;
ask:
District Court verdict no.2 of the Bostandyk district of Almaty dated July 25, 2018, in relation to K.K. Kozhamzharov, under Article 99, Part 1 of the Criminal Code of the Republic of Kazakhstan, amend, reclassify from Part 1 of Article 99 of the Criminal Code of the Republic of Kazakhstan to Article 102 of the Criminal Code of the Republic of Kazakhstan and impose punishment in the form of minimum restriction of freedom. Application: 1. A copy of the appeal. 2. A copy of the identity card.
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________2019 the year
I am familiar with the complaint of the defender and support Kozhamzharov K.K. "___"___________2019 the year
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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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