Application to the Department of Internal Affairs for recognition as a victim in a criminal case
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Senior Police Lieutenant of the Department of Internal Affairs
Almaly district of the Department of Internal Affairs of the city of Almaty
To the inquirer of the inquiry department
Mr. ___________________________
Almaty, Almaly district, _____________________.
from: ___________________
IIN ___________________
city of Almaty, ___________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: ___________________________.
Almaty, Medeu district,050002, ave.
Zhibek Zholy, 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 the employees of the Department of Internal Affairs of Almaly district have gr. ___________________________, the student of the University of Almaty __ January 20__ was seized by the gr. ___________________________ on the right of ownership of a Mazda 626 car, with a registration number ______________ 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 gr. Nasatullah Ozel had the right to get acquainted and get his hands on it.
Application to the Department of Internal Affairs for recognition as a victim in a criminal case
The specified vehicle gr. ___________________________, Rane purchased for 870,000 tenge from gr. ____________________________ IIN ___________________________, where all the renewal procedures took place at a specialized PSC in the city of Shymkent, and in the same place, the staff of the authorized bodies carried out number verification procedures. bodywork and other parts for compliance as well as for the presence of 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.
Application to the Department of Internal Affairs for recognition as a victim in a criminal case
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 __, 19__, No. ___., provides: A victim is a person who has suffered moral, physical or property damage caused by a socially dangerous act directly, regardless of whether it has been established, involved in responsibility of the person who committed this act. 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. 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 prescribed by law only after a decision has been issued to recognize the gr. ___________________________ victims and a civil plaintiff. Where we ask you to indicate the material damage caused to the victim in the amount of 870,000 tenge, repair costs of 150,000 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.
Application to the Department of Internal Affairs for recognition as a victim in a criminal 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. 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 the 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 (to present a thing of the same quality and kind, fix 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 also obliged to reimburse the representative's expenses.
Application to the Department of Internal Affairs for recognition as a victim in a criminal case
Based on the above and guided by the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
gr. ___________________________ IIN ___________________________, For real to recognize a criminal case as a victim and a civil plaintiff;
To allow a representative by Proxy to participate in the criminal process ___________________________ IIN ___________________________, represent the interests of the victim on the basis of a power of attorney;
To conduct an 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.;
To familiarize with the materials of the Criminal Case in order to provide additional evidence;
To respond to the Application within the prescribed time limits.
With respect,
Representative by proxy:
_________________/ Sarzhanov G.T.
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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