Application to the police for criminal prosecution
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The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Head of the Auezovsky District Police Department, Almaty City Police Department
to the police colonel ............................. BIN ............................. Almaty city,
Auezovsky district, ul. .............................. +7 ............................., +7 ..............................
from: gr. ............................. IIN ..............................
Almaty, 24 Minina street, 206 block. tel: +7 ..............................
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
Statement
The reason for our appeal to you was the blatant injustice and lawlessness against gr. ............................., For more than ten months, dishonest people have been trying to bring him to criminal responsibility with false denunciations and testimony. Thus, on December 10, 20... having been notified of criminal liability for knowingly false denunciation, knowingly false testimony in accordance with Articles 419, 420 of the Criminal Code of the Republic of Kazakhstan, gr. ............................., born in 1981, IIN ............................., residing at the address of the city of Almaty, ............................., Appealed to the Almaty City Police Department to take measures against gr. ............................., and gr. ............................., In fact: Threats against ............................., and her relatives; Possession fraudulently using monetary funds in the amount of KZT 13,000,000 (see sheet No. 6, Volume-1, the material of the pre-trial investigation of the case). ERDR .............................). However, a little later gr. ............................., in a Statement addressed to the UE of the Auezovsky district of the DP of Almaty on the complete or impending crime of December 19, 2018, asks to bring to criminal responsibility gr. ............................., who, under the pretext of restoring the hotel complex, received funds in in the amount of 13 500 000 tenge (see sheet No. 9, Volume-1, The material of the pre-trial investigation of the reg. ERDR.............................). Based on the Statement of the gr. ............................., a criminal case was initiated by the registered ERDR............................. 190, part 4, paragraph 2, of the Criminal Code of the Republic of Kazakhstan. Subsequently, on December 19, 2018, gr. ............................., was interrogated as a victim by an investigator of the Investigative Department of the Auezovsky district Police Department, Senior police Lieutenant T.S. Valeev, where the contents of article 71 were brought to the Victim's attention. According to the Criminal Code of the Republic of Kazakhstan, a victim in criminal proceedings is recognized as a person in respect of whom there is reason to believe that moral, physical or property harm has been caused to him directly by a criminal offense. The victim must: truthfully report all the circumstances known in the case and answer the questions raised and give deliberately false testimony, the victim bears criminal responsibility in accordance with the law.
A statement to the police about criminal prosecution for knowingly false denunciation and testimony
In this interrogation, the Victim ............................., explains that she handed over to gr. To M.K. Erishov, monetary funds in the amount of 13 500 000 tenge, and to the investigator's question about what gr had transmitted or written. ............................., receipt and or The victim replied with confidence that there was no notarized document and or receipt regarding the receipt of funds in the amount of KZT 13,500,000. As well as the funds of gr. ............................., they were obtained fraudulently. In the protocol of the confrontation dated August 20, 20__, between gr. ............................., and gr. ............................., the latter explained that there was no receipt and that gr. ............................., did not write a receipt (see sheet No. 92, Volume-2, The material of the pre-trial investigation of the reg. ERDR .............................). In fact, gr. .............................. acquired funds against a receipt in accordance with Articles 147, 151, 152, of the Civil Code of the Republic of Kazakhstan, which stipulates: Transactions are recognized as actions of citizens aimed at establishing, changing or terminating civil rights and obligations. Transactions are made orally or in writing (simple or notarized). A transaction for which the legislation or agreement of the parties does not establish a written (simple or notarized) or other specific form may be completed orally, in particular, all transactions executed at the very time of their commission. Such a transaction is considered completed even if the person's will to make the transaction is evident from his behavior. The written form of the transaction is made on paper or in electronic form. A written transaction must be signed by the parties or their representatives, unless otherwise required by business practices. As detailed in article 282 of the Code, by virtue of a monetary obligation, one person (the debtor) is obliged to pay money to another person (the creditor), and the creditor has the right to require the debtor to fulfill his obligation to pay money (loan money and other obligations). Based on the stated gr. ............................According to Article 268 of the Civil Code of the Republic of Kazakhstan, by virtue of an obligation as a debtor, he undertook to commit in favor of the Creditor ............................., to return the money within the time specified in the receipt, and The lender ............................., has the right to demand from the debtor gr. ............................., fulfilling his duties.
Application to the police for criminal prosecution
As you know, the debtor gr. ............................., He did not fulfill his obligations, which contradicts articles 272, 349 of the Code, which states that the Obligation must be fulfilled properly in accordance with the terms of the obligation. According to the requirements of the legislation, a violation of an obligation is understood as its non-fulfillment or improper fulfillment - improper fulfillment. Accordingly, as a creditor ............................., It was obliged to bring the debtor to civil liability for violation of the obligation through the civil courts at the Debtor's place of residence. Which, of course, was used by the Victim who, on January 17, 2020 ............................., I applied to the Bostandyk District Court of Almaty with a statement of Claim for recovery of the debt amount , where the presiding judge ............................., having considered the materials of the civil case, where on April 4, 2018 between ............................ and ............................. a loan agreement has been concluded in the form of a receipt, in accordance with the terms of which ............................. a sum of money in the amount of 24,000 US dollars has been borrowed, with an obligation to repay the amount received by the end summer of 2018. And the Court decided the Claim. ............................. – partially satisfy. Collect from ............................. in favor ............................. debt on receipt in the amount of 7,060,000 (seven thousand sixty) tenge, penalty in the amount of 100,000 (one hundred thousand) tenge, the amount of state duty in the amount of 71,600 (seventy one thousand six hundred) tenge. In the rest of the claim ............................. – to refuse. (see the court's Decision of June 17, 2020 Civil Case № .............................). gr. ............................., In the framework of the criminal case, she repeatedly denied the loan agreement. in the form of a receipt dated April 4, 20__, she also deliberately did not provide it to the investigating authorities. What is the natural action of gr. ............................., contradict the requirements of art. 419, which provides for liability for knowingly false denunciation of the commission of a crime - an act involving the accusation of a person of committing a grave or especially grave crime or committed out of mercenary motives - is punishable by imprisonment for a term of three to eight years. In addition, art. 420 of the Criminal Code of the Republic of Kazakhstan is punishable by imprisonment for a term of five to ten years for knowingly false testimony of a victim during a pre-trial investigation, committed in a criminal case of a serious or especially serious crime or for mercenary motives. Based on the above and in accordance with Articles 419, 420 of the Criminal Code of the Republic of Kazakhstan for knowingly false denunciation and for knowingly false testimony, I ask you:
To bring to criminal responsibility for knowingly false denunciation of gr. ...................., 19__ year of birth, IIN ............................. provided for in Part 3, Article 419 of the Criminal Code of the Republic of Kazakhstan;
To bring to criminal responsibility for knowingly false testimony of gr. .........................., 1981 year of birth, IIN ............................. stipulated by Part 2, Article 420 of the Criminal Code of the Republic of Kazakhstan;
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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