Authorizing the use of a preventive measure in the form of detention

On April 25, 2025, No. 7595-25-00-2-3m/4563, the investigating judge of the Specialized Interdistrict Investigative Court of Almaty, Iskakbayeva Zh.K., with the secretary of the court session, Adykanova M.S., with the participation of the procedural prosecutor of the Prosecutor's office of the Auezovsky district of Almaty, Dulatova A., the suspect O.T.N., and the defenders of the suspect D. M.E. and lawyers Sarzhanov G., Nigmetov S.D., having considered in a closed court session with the use of audio and video recordings via the ZOOM mobile application, the petition of the investigator from the Auezovsky district Police Department of Almaty, Arynbek M., agreed by the prosecutor of the Auezovsky district of Almaty, R. Shardinov, to authorize the use of a preventive measure in the form of "detention" for a period of 2 (two) months in respect of:

O. T. N., born on May 20, 1999, a native of Aktau, a citizen of the Republic of Kazakhstan, a Kazakh by nationality, married, with 1 minor child, with higher education, working as a dentist in the regional dentistry of Aktau, residing at the address: G.A., 17 microdistrict, house ., sq.20, previously no criminal record,

122, Part 1 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), based on the materials of the pre-trial investigation, ESTABLISHED: By the pre-trial investigation body, O. T.N. is suspected of committing a criminal offense against the sexual integrity of a minor, S.M.N., born on July 18, 2008.

         On April 9, 2025, this fact was registered in the Administrative Division of the Auezovsky district of the city of Almaty in the ERDR No. 257513031000694 and a pre-trial investigation was launched into the composition of a criminal offense under art. 122 Part 1 of the Criminal Code.

On April 15, 2025, on suspicion of committing the specified criminal offense, O.T.N. was detained in accordance with Article 131 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) and placed in an IVS in Almaty.

On April 18, 2025, A. T. was recognized as a suspect under art. 122 Part 1 of the Criminal Code.

On April 18, 2025, by a decision of the Specialized Interdistrict Investigative Court of Almaty, before issuing a decision on the qualification of the act of suspect O. T., a preventive measure was authorized in the form of "detention" for a period of 10 days, until April 25, 2025.

On April 24, 2025, the acts of O.T.N. were qualified under art. 122 Part 1 of the Criminal Code.

On April 24, 2025, by a decision of investigator Arynbek M.B., a petition was filed for the application of a preventive measure in the form of "detention" in respect of suspect O. T.N. for a period of 2 months, which was agreed upon by the prosecutor of the Auezovsky district of Almaty, R.A. Shardinov, and the case materials were submitted to the court on April 25, 2025.

The investigating judge, having examined the materials of the petition, having listened to the opinions of the persons participating in the court session, guided by Articles 136, 138, 147, 148 of the CPC, without prejudging the question of the suspect's guilt, comes to the following conclusion.

In accordance with Article 147, Part 1 of the CPC, detention as a preventive measure is applied only with court approval and only against a suspect accused of committing a crime for which the law provides for a penalty of imprisonment for a period of more than five years, if it is impossible to apply other, less stringent preventive measures.

The suspicion against T.N. of committing a crime under the specified circumstances is well-founded, confirmed by the case materials. The court, without prejudging the question of T.N.'s guilt and evaluating the evidence, found that there had been an event of a criminal offense, there was sufficient data indicating the presence of signs of a criminal offense, the likelihood of him committing a crime.

O. T.N. is suspected of committing a crime of moderate severity, where the sanction of Article 122, Part 1 of the Criminal Code provides for punishment in the form of imprisonment for up to 5 years.

At the same time, the investigating judge takes into account the fact that O. T.N. is suspected of committing a crime against the sexual integrity of a minor, a preventive measure is used to ensure the execution of the sentence, believes that remaining at large, T.N. may hide from the pre-trial investigation body, and therefore there is no reason to apply another less strict preventive measures in relation to the Author T.N.

In addition, in accordance with the requirements of Part 2 of Article 136 of the CPC, detention as a preventive measure may be applied to persons suspected of committing a criminal offense under Article 122 of the Criminal Code based on the severity of the crime and (or) the qualification of the criminal offense.

         In accordance with Article 148, Part 9 of the CPC, since O.T.N. is suspected of committing a crime against the sexual integrity of a minor, the court believes that he can hide from the investigating authorities and the court, and therefore bail cannot be applied against him.

         Taking into account these circumstances, the investigating judge concludes that it is impossible to apply to T.N. a less strict measure of restraint than detention.

Based on the above, guided by Articles 136, 147, 148 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigating judge RULED: To satisfy the investigator's request.

To authorize the application of a preventive measure in the form of "detention" in respect of a suspect for a period of 2 (two) months.

The period of detention is calculated from the moment of detention, that is, from 22:00 on April 15, 2025 to 22:00 on June 15, 2025.

To refuse to satisfy the defense's request for the application of a preventive measure unrelated to detention.

Subsequently, a complaint was written, which was also upheld by the court of appeal, the decision of the investigative court.

 

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