Application for recognition as a victim in a criminal case
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To the senior police lieutenant of the Department of Internal Affairs of the
Almaly district of the Department of Internal Affairs of the city of Almaty
To the inquirer of the Inquiry Department, Mr. .......... Almaty, Almaly district,
109 Karasai Batyr street. from: ........... IIN ........... Almaty, Tole bi str., .....
Representative by proxy: Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block. info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Statement
In your case, there is a criminal case based on the victim's statement ............. according to which, employees of the Department of Internal Affairs of Almaly district seized a Mazda 626 car belonging to gr......., registration number ... ALA, from gr......, a student of a university in Almaty on January 29, 20... .. and placed in a parking lot, the Interrogator was subsequently interrogated in his office, but after that they did not hand over a copy of the interrogation protocol and/or explanatory note, the Act of seizure of the car and other documents with which the gr. ........... I had the right to get acquainted and get my hands on it. Application for recognition as a victim in a criminal case of the Specified car gr. ..........., Rane purchased for 870,000 tenge from gr. ......... IIN......., where all the re-registration procedures took place in a specialized PSC. Shymkent, and there, employees of the authorized bodies carried out procedures for checking the body numbers and other parts for compliance, as well as for the available encumbrances. In turn, gr. ........... I purchased the above-mentioned car from a suspect in a criminal case from gr. .......... to whom the Applicant/victims were previously .........., allegedly sold it in installments.
Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, "Victim" and the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated April 24, 1992, No. 2, provides: A victim is a person who has suffered moral, physical or property damage caused by a socially dangerous act directly, regardless of whether the person who committed it has been established or prosecuted. the deed. In cases of unfinished criminal activity (preparation for a criminal offense, attempted criminal offense), a person is recognized as a victim if moral, physical or property damage is actually caused. Application for recognition as a victim in a criminal case gr. ........... real moral and property damage was caused by a socially dangerous act. Accordingly, a person who has been harmed by a socially dangerous act acquires the appropriate procedural rights and duties established by law only after a decision has been issued to recognize the gr. ........... the victim and the civil plaintiff. Where we ask you to indicate the material damage caused to the victim in the amount of 870,000 tenge and moral damage in the amount of 500,000 tenge.
The Regulatory Resolution also states that a victim who has filed a claim for compensation for material damage, compensation for moral damage in monetary terms, etc., must also be recognized as a civil plaintiff. In case of theft, damage or destruction of material assets that were legally owned by the owner (employer, custodian, etc.), both the owner and the owner of these assets have the right to file a civil claim. A victim recognized as a civil plaintiff has the right to participate in court arguments on the rights of a civil plaintiff, regardless of the participation of the prosecutor in the case. The victim may protect his rights and legitimate interests independently or through a representative authorized to participate in the criminal proceedings by the body conducting the criminal proceedings. In this case, a lawyer can be a representative on the basis of a warrant, as well as any person legally authorized to represent the interests of the victim on the basis of a power of attorney, including close relatives.
Application for recognition as a victim in a criminal case In each case of a criminal offense that has caused property, physical or moral damage, the body conducting the criminal process is obliged to explain to the victim the right to file a civil claim in a criminal case, and upon presentation of such a claim, to recognize him as a civil plaintiff and explain his rights. Compensation for material damage caused to the victim by a socially dangerous act is carried out in criminal proceedings in accordance with the procedure and amounts provided for by current legislation. In particular, it should be borne in mind that, in accordance with the norms of civil law, the person responsible for property damage is obliged to compensate it to the civil plaintiff or the victim in kind (present a thing of the same quality and kind, repair a damaged thing, etc.) or fully compensate for the losses incurred by the victim in connection with theft., destruction of his property; the harm-doer is obliged to reimburse the expenses of the representative. Application for recognition as a victim in a criminal case On the grounds of the above and guided by the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
o gr. ............. IIN ................, in the present criminal case, recognize him as a victim and a civil plaintiff.;
o Allow Galymzhan Turlybekovich Sarzhanov's representative by Proxy to participate in the criminal process, IIN 850722301036, to represent the interests of the victim on the basis of a power of attorney;
To reproduce the interrogation and explain to the victim the right to file a civil claim in a criminal case, and upon presentation of such a claim, to recognize him as a civil plaintiff and explain his rights.;
Familiarize yourself with the materials of the Criminal Case in order to provide additional evidence;
To respond to the Application within the prescribed time limits. Application for recognition as a victim in a criminal case
Sincerely, Proxy Representative: _________________/ Sarzhanov G.T. "___"_____________20.. the year.
According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.
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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