Application to the police for prosecution for knowingly false denunciation and testimony
To the Chief of the Auezovsky district Police Department,
Almaty City Police Department to the Police Colonel
Tursinbetov Alisher Lezbekovich BIN 090640019167
Almaty, Auezovsky district, Utegen Batyr str., 78. +7 (727) 298-53-02, +7 (727) 298-53-53.
from: gr. .............. IIN .................. Almaty, ul........ 24, sq. 206. tel: +7 702 ...................
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
on bringing to justice for knowingly false denunciation and testimony
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, 2018, 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. .............., 1981 year of birth, IIN .............., residing at the address Almaty, MD. .........., 36, sq. 10. I applied to the Almaty City Police Department for taking measures against gr ....... M.K., and Gr. .......... D.T., in fact: Threats against ........... A.T., and her relatives; Fraudulently seizing funds in the amount of KZT 13,000,000 (see sheet No. 6, Volume-1, Material of the pre-trial investigation of the case. ERDR 18754003100..........). However, a little later gr. ........... A.T., in a Statement addressed to the UE of the Auezovsky district of the DP of Almaty about an actual or impending crime dated December 19, 2018, asks to bring gr to criminal responsibility.. ............. M.K., who, under the pretext of restoring the hotel complex, received funds in the amount of 13 500 000 tenge (see sheet No. 9, Volume-1, the material of the pre-trial investigation of the case. ERDR 18754003100..........). Based on the Statement of the gr. ................ A.T., a criminal case was initiated by the registered ERDR 18754003100......... 190, part 4, paragraph 2, of the Criminal Code of the Republic of Kazakhstan.
Subsequently, on December 19, 2018, gr. C.......... A.T., was questioned 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. In this interrogation, the Victim With........... and A.T., explains that she gave gr. E............. M.K., funds in the amount of 13 500 000 tenge, and to the investigator's question about that he transmitted or wrote whether gr. E......in M.K., a receipt and or a notarized document regarding the receipt of money, the Victim replied with confidence that there was no notarized document and or receipt regarding the receipt of funds in the amount of 13 500 000 tenge., there was no. As well as the funds of gr. E.......... M.M.K., were obtained fraudulently. In the protocol of the confrontation dated August 20, 2019 between gr.Er......m M.K., and gr. S...a A.T., the latter explained that there was no receipt and that gr. E........M. M.K., did not write a receipt (see sheet No. 92, Volume-2, The material of the pre-trial investigation of the reg. ERDR 18754003100.......). In fact, gr. E...... in M.K., he 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 performed 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. E............ in M.K., 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 With................., to return the money within the prescribed time, which is specified in according to the receipt, and the creditor With ......a.T., has the right to demand from the debtor gr. E......a.m.K., the fulfillment of his duties. As you know, the debtor is gr. Eh............ in MK, 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 and the requirements of the law, a violation of the obligation is understood as its non-fulfillment or improper fulfillment - improper fulfillment. Accordingly, as a lender with............ and A.T. 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. And naturally took advantage of the Victim which, on 17 January 2020.........but A. T., appealed to the Bostandyk district court of Almaty city with a Claim for the recovery of debt where the presiding judge Alpiyev N. B., having considered the materials of the civil case where 4 April 2018 between e........m M. K. and Sa.........Oh A. T. signed a loan agreement in the form of receipts, in accordance with the terms of which e.............m M. K. borrowed cash amount of $ 24,000 USD, with the obligation to return the amount received before the end of summer 2018. And the Court decided the Claim. ............. – partially satisfy. Collect from ................ in favor of ............... 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 No. 7514-20-00-2/...). gr. S... A.T., in the framework of the criminal case, repeatedly denied the loan agreement in the form of a receipt dated April 4, 2018, in addition, deliberately did not provide to the investigating authorities. What is the natural action of gr. C........ and A.T., 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.
Thus, gr. S...... and A.T., brazenly, without respecting the law and police officers, misled the investigating authorities, thereby showing disrespect for the honor and dignity of law enforcement agencies. We believe that in this case, the elements of a criminally punishable offense on the part of gr. S are provided for and clearly expressed............ J. A.T. Also in art. 659 of the Administrative Code of the Republic of Kazakhstan provides for administrative liability for knowingly false testimony of a victim, which entails a fine of ten for individuals and twenty monthly calculation indices for officials, and they asked the criminal prosecution authorities to bring them to justice. Note to art. 659 of the Administrative Code of the Republic of Kazakhstan - A witness, victim, expert or translator are released from administrative responsibility if they voluntarily declared the falsity of their testimony, conclusion or incorrect translation during the consideration of an administrative offense case before the decision on the case was made by an authorized body (official). However, on the part of the victim with..........Y. A.T., there was no confession, accordingly, her act falls under administrative responsibility. In accordance with art . 179 of the Criminal Procedure Code of the Republic of Kazakhstan, pre-trial investigation is mandatory for all statements and reports of criminal offenses, with the exception of cases of private prosecution. If there is information in the received application or message about the signs of an administrative offense or disciplinary misconduct, the appeal is sent by a cover letter to the relevant authorized state body or official within three days. Based on the above and in accordance with Articles 419, 420 of the Criminal Code of the Republic of Kazakhstan, Article 659 of the Administrative 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. .............., 1981 year of birth, IIN 8..............3 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. Sagatova Assel Tolegenovna, born in 1981, IIN 8...........3 provided for in Part 2, Article 420 of the Criminal Code of the Republic of Kazakhstan;
To bring to administrative responsibility for knowingly false testimony of the victim gr. ............, 1981 year of birth, IIN 8...........3 provided for in Article 659 of the Administrative Code of the Republic of Kazakhstan.
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