Bringing to justice for knowingly false denunciation and testimony
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To the Head of the Auezovsky District Police Department, Almaty City Police Department
to 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. E.M. K. IIN. Almaty, 24 M. D. str., 206 block. 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 Mr. E.M.K., whom dishonest people have been trying to bring to criminal responsibility with false denunciations and testimony for more than ten months. 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. S.A.T., born in 1981, IIN ..., residing at the address Almaty, mkr. N., 36, sq. 10. She applied to the Almaty City Police Department for taking measures against gr. E.M.K. and gr. E.D.T., in fact: Threats against S.A.T. and her relatives; Fraudulently seizing funds in the amount of 13,000,000 tenge (see sheet No. 6, Volume-1, The material of the pre-trial investigation was registered. ERDR 187540031004304). However, a little later, gr. S.A.T., in a Statement addressed to the UP 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. E.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 187540031004304). Based on the Application of gr. S.A.T., a criminal case was initiated against the registered ERDR 187540031004304 under art. 190, part 4, paragraph 2, of the Criminal Code of the Republic of Kazakhstan. Subsequently, on December 19, 2018, gr. S.A.T., was questioned as a victim by the 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 is obliged: to truthfully report all the circumstances known in the case and to answer the questions raised and to give deliberately false testimony, the victim bears criminal responsibility in accordance with the law.
Bringing to justice for knowingly false denunciation and testimony
In this interrogation, the victim, S.A.T., 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 whether Mr. E.M.K. had sent or written 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, was not. As well as the funds of gr. E.M.K., were obtained fraudulently. In the protocol of the confrontation dated August 20, 2019 between Mr. E.M.K., and Mr. S.A.T., the latter explained that there was no receipt and that Mr. E.M.K. did not write the receipt (see sheet No. 92, Volume-2, The material of the pre-trial investigation of the case. ERDR 187540031004304). In fact, Mr. E.M.K. acquired funds against a receipt in accordance with Articles 147, 151, 152, of the Civil Code of the Republic of Kazakhstan, which provides that transactions are 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 above, gr. E.M.K., according to Article 268 of the Civil Code of the Republic of Kazakhstan, by virtue of an obligation as a debtor, undertook to commit S.A.T. in favor of the Creditor, to return the money within the prescribed time, which is indicated in the receipt, and the creditor S.A.T., has the right to demand from the debtor gr. E.M.K., the fulfillment of his duties. As you know, the debtor is gr. E.M.K., did not fulfill the obligations assumed, 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 the creditor of S.A.T., 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. With which, of course, the Victim took advantage, who, on January 17, 2020, S.A.T., appealed to the Bostandyk District Court of Almaty with a claim for recovery of the debt amount, where the presiding judge A.N.B., having considered the materials of the civil case, where on April 4, 2018, a loan agreement was concluded between E.M.K. and S.A.T. in the form of a receipt, in accordance with the terms of which E.M.K. received a loan of a sum of money in the amount of 24,000 US dollars, with an obligation to repay the amount received by the end of summer 2018. And the Court decided to partially satisfy S.A.T.'s claim. Collect from E.M.K. in favor of S.A.T., a debt on receipt in the amount of 7,060,000 (seven thousand sixty) tenge, a 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. To dismiss the rest of S.A.T.'s claim. (see the court's Decision of June 17, 2020, Civil Case No. 7514-20-00-2/551).
Bringing to justice for knowingly false denunciation and testimony
gr. S.A.T., in the framework of the criminal case, repeatedly denied the concluded loan agreement in the form of a receipt dated April 4, 2018, in addition, she deliberately did not provide it to the investigating authorities. Naturally, the actions of Mr. S.A.T. contradict the requirements of Article 419, which provides for liability for knowingly false denunciation 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. S.A. T., born in 1981, AND ... provided for in Part 3, art. 419 of the Criminal Code of the Republic of Kazakhstan;
To bring to criminal responsibility for knowingly false testimony of gr. S.A.T., born in 1981, IIN .... stipulated by Part 2, Article 420 of the Criminal Code of the Republic of Kazakhstan;
Sincerely, Proxy Representative _______________/Sarzhanov G.T. "___" ____________2020 the year
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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