Application for re-qualification of the applicant in connection with the absence of signs of the composition of the criminal offense

State institution of the Police Department of the Ministry of 

internal affairs of the Republic of Kazakhstan, Turkestan region

"I don't know," he said.

Turkestan region, Maktaaral district, Myrzakent village,

Madykozhaev Street, building 14U. 8 725 41 2 12  02

+7 778 941 02 07.

From The Defender: Lawyer Sarzhanov Galymzhan Turlybekovich

Legal Office" law and law"

IIN 201240021767.

Republic of Kazakhstan, 050002, Almaty,

Almaly district, Abylai Khan Ave., house 79/71, office 304.

www.zakonpravo.kz info@zakonpravo.kz

Tel.: +7 708 578 57 58 / 8 727 978 57 55.

Suspect: MCI

Yin 861106302013

Turkestan region, Maktaaral district, Yessentayev village, Zhastar Street, house 12.

Application form

On re-differentiation with Part 1 of Article 174 of the criminal code in connection with the absence of signs of the composition of a criminal offense provided for by Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan

The Republic of Kazakhstan, having established itself as a democratic, secular, legal and social state, its highest values are man, human life, rights and freedoms (paragraph 1 of Article 1 of the Constitution).

At the same time, everyone has the right to defend their rights and freedoms in all ways that do not contradict the law, and to receive qualified legal assistance (paragraphs 1 and 3 of Article 13 of the Constitution).

In your production, the materials of the criminal case No. 255143031000056 in relation to the E. K. A. on the signs of the composition of the criminal offense provided for by Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan are being considered.  

During the investigation, E. K. A was detained on March 2, 2025 in accordance with Article 131 of the Criminal Code of the Republic of Kazakhstan for intentional acts aimed at inciting religious discord, insulting national honor and dignity or religious feelings of citizens, and was arrested in a temporary detention center of the Police Department of Maktaaralsky district, and then arrested in a pre-trial detention center, sanctioned by the investigative court.

You can find the following information in a criminal case of your own production: “suspect E. A. from 01.07.2024 to 01.01.2025 his acquaintance was a resident of the House No. 11b, Kazakhstan Street, Atakent Village, Maktaaral district, born on 23.06.1991. Together with Baglan Yerzhanovich Musabekov, 40 people in the group "Atakent brethren" and "Brethren" on the social network "watsap" deliberately committed crimes related to the property of a serious category by causing religious discord by repeatedly distributing the sermons of "Dilmurat Abu-Muhammad" Mahamatov Dilmurat and "Nazratullah Abu-Mariam"prohibited by law to promote the religion of a negative orientation. "you're right."

March 6, 2025 Aekanatbaevich's actions were classified under Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan.

Article 31 of the code of criminal procedure. As for the concept of” criminal liability for criminal offenses committed by a group", then the code recognizes a criminal offense committed by a group of persons if two or more performers jointly participate in the commission of a criminal offense without prior collusion. - it is said

It is said that if a criminal offense involves persons who have previously agreed to commit it jointly, it is recognized as a criminal offense committed by a group of persons by preliminary conspiracy.

In order to comprehensively investigate these motives, at the request of the defense counsel of 20.04.2025, an additional interrogation of E. K. Atan in my defense was conducted, as a result of which, as well as based on the answers of other suspects, the investigation did not find a place in the investigation of the fact that the members of the group

In particular, it was found that members of the group "Atakent brethren" and "Brethren" in the social network "watsap", each consisting of 40 people, sent sermons from the Open Social Network "Dilmurat Abu-Muhammad" Makhamatov Dilmurat and "Nazratullah Abu-Mariam"to the group on the social network watsap voluntarily, voluntarily, not at the request or suggestion of any member of the group.

So, based on these arguments, we believe that Aekanatbaevich's actions do not contain the composition of a crime under Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan, and it is necessary to re-qualify under Part 1 of Article 174 of the Criminal Code of the Republic of Kazakhstan.

Factual data inadmissible as evidence in accordance with Article 112 of the CPC, if they are obtained in violation of the requirements of this code, contribute or may contribute to the reliability of factual data obtained during a pre-trial investigation or trial of a case by depriving the participants in the process of rights guaranteed by law or by: Factual data obtained in violation of Criminal Procedure Law shall be recognized as inadmissible data as evidence and shall not be subject to prosecution, nor shall they be used in proving any circumstances specified in Article 113 of this code.

In accordance with Section 3 of Article 60 of the Criminal Code of the Republic of Kazakhstan, the investigator is obliged to carry out criminal prosecution by taking all measures for a comprehensive, complete and objective study of the circumstances of the case.

Participants in criminal proceedings have the right to apply to a person conducting a pre-trial investigation in accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan with a request to establish circumstances relevant in the criminal process, conduct procedural actions or make procedural decisions to ensure the rights and legitimate interests of the person who applied with the petition. It must be satisfied if the petition contributes to a comprehensive, complete and objective study of the circumstances of the case, ensuring the rights and legitimate interests of participants in the process or other persons.

The petition is subject to consideration and resolution as soon as it is declared. In cases where it is not possible to make a decision on the application immediately, it must be resolved no later than three days from the date of its application.

In accordance with Article 24 of the Criminal Code of the Republic of Kazakhstan, the investigator, Inquirer is obliged to take all measures provided for by law for a comprehensive, complete and objective study of the circumstances necessary and sufficient for the correct resolution of the case.

Based on the above and in accordance with articles 24, 99, 112, 210, 211 of the Criminal Code of the Republic of Kazakhstan,

Please:

* Re-qualification of the actions of the suspect Aekanatbaevich under Part 1 of Article 174 of the Criminal Code of the Republic of Kazakhstan;

* Respond to this request within the time limits established by Article 99 of the Criminal Code of the Republic of Kazakhstan.

With respect,

Lawyer: Sarzhanov Galymzhan Turlybekovich

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