Change in the qualification of a criminal offense | appeal against the decision of the investigator | defense claim
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To the Inter-District Prosecutor of Shu Zhambyl region,
Zhambyl region., S. Tole bi ul. Asatuly 13
+7 7263 83 14 00
From the defender: lawyer's office "Law and law"
IIN 201240021767. Republic of Kazakhstan, 050002, Almaty,
Medeu district, abylai Khana Avenue, house 79/71, office 304.
e-mail: info@zakonpravo.kz website: www.zakonpravo.kz Tel.:
+7 708 578 57 58 / 8 727 978 57 55.
Suspect: Sh. A .a. yin............ Address: Zhambyl region .
.. the city, we were glad ......... 2/1 Street.
Complaint
to the resolution of the investigator dated 27.07.2022 on the refusal to satisfy the defense's claim
On 23.07.2022, the senior investigator of the Investigative Department of the state institution" Police Department of the Shu District of the Police Department of the Zhambyl region of the Ministry of internal affairs of the Republic of Kazakhstan, Police Captain G. K. Kikimbayev, was concerned with the suspect A. A. sh., who was classified as having repeatedly committed fraud, that is, the acquisition of rights to foreign property in a particularly large amount by fraud, that is, fraud and trust abuse of other people's property in accordance with paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan no.2nd ed............ 1. Criminal Case No. 223166031000176 with respect to the suspected AB., which is differentiated by Paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan, by fraud, that is, by deception and abuse of trust, the acquisition of the right to other people's property in a particularly large amount by means of repeated criminal case No. 223166031000176 2.victim R. K. K., T. U. S. in accordance with articles 60, 99,198 of the Criminal Code of the Republic of Kazakhstan, the Senior Investigator of the Investigative Department of the police Captain G. K. Kikimbayev decided to begin with the satisfaction of the petition of the defense counsel in the criminal case No. 223166031000176, guided by articles 60, 99,198 of the Criminal Code of the Republic of Kazakhstan. Dear Inter-District Prosecutor of Shu, we cannot agree with the resolution of the senior investigator of the Investigative Department Mr. Kikimbayev G. K. on low grounds: born on September 8, 1990 in Zhambyl region, Kazakh by nationality, a citizen of the Republic of Kazakhstan, under Paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan, a suspect who repeatedly committed fraud, that is, the acquisition of rights to foreign property in a particularly large amount by deception and abuse of trust A. A. sh. there is a criminal case No. 223166031000176.
Change in the qualification of a criminal offense | appeal against the decision of the investigator | defense claim
On May 24, 2022, at 18:30, the suspect was detained by the pre-trial investigation body in accordance with articles 128-131 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code) and placed under arrest in the UIs of the Shu APB, and then in a pre – trial detention center with a judicial sanction. To date, all pre-trial investigation activities between the suspect and the victims are being carried out and the case is being completed. May 26, 2022 in the criminal case of the suspect A. A. Sh., born on 08.09.1990, a resolution was issued by the investigator on the qualification of the actions of the suspect in accordance with paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraphs 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan with the consent of the prosecutor of the prosecutor's office of the Shu district Baitanayev N. A. However, in this criminal case since May 26, 2022, in accordance with paragraph 3 of Article 60 of the Criminal Code of the Republic of Kazakhstan, we consider that a pre-trial investigation of the criminal case has been carried out in accordance with a comprehensive, complete and objective study of the circumstances of the case and all measures have been taken for this purpose, and we would like to note that the evidence presented below is sufficient to re-qualify his actions in relation to the suspect in the criminal case: the victim in this case A. zh.B.– "according to him, the suspect said that" "M-Lombard "" LLP is investing in gold, and if he invests in it, he receives 15-20% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul, he gave him 5,460,000 tenge, and the suspect, by his criminal actions, caused property damage to the victim with a total amount of 1,950,000 tenge." However, the suspect received money from the victim in the amount of 3,670,000 tenge between 2020 and 2022, returned 1,537,700 tenge of these funds, and the balance remained 2,132,300 Tenge, the transfer of these funds to the Caspian gold condyrg, registered in the name of the mother of the suspect, but with the name of the suspect "Nurlukul K.", the victim from the Caspian gold condyrg.
At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. To date, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including through mediation. -according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, and the suspect brought to the investigating authorities that by his criminal actions he caused property damage to the victim N. Zhanguttieva in the amount of 16,617,000 Tenge, the total cost of which exceeds a large amount. However, the suspect received 6,079,000 tenge from the victim between 2020 and 2022. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. It should be noted here that the suspect responded to the victim with evidence that from 2020 to 2022, with a percentage of the above-mentioned amount, he paid 21,255,500 tenge. The fact that the victim transferred 16,617,000 tenge to the suspect in cash or to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation.
At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find their place in kind, the words were verbal and inaccurate; in this case, the victim A. E. As. - according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. "I don't know," he said. However, the suspect admitted that he received 2,000,000 tenge in cash from the victim between 2020 and 2022. So Qatar, confirmed that he received his gold buoys from the victim. "Caspian Gold" confirmed the receipt of money in the amount of 725,000 tenge. In his response, the suspect told the investigator that the victim returned 2,800,000 tenge for the purchase of the Caspian gold condenser. "I don't know," he said. At the moment, the suspect answered the victim with the proof that he owed only the shares of gold buoys and that the gold items were held in a pawnshop for about 400,000 tenge on this day. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation.
At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find their place precisely in the statements, the words were verbal and inaccurate. Today, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim exercises the right to reconcile with the suspect, accused, defendant in cases provided for by law, including by mediation.; The victim in this case is E. G. D.– according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul.delivered. However, the suspect did not receive Aksha from the victim between 2020 and 2022. It is true that the suspect received 2,000,000 tenge from the victim's mother-in-law, Inkar. "I don't know," he said, " but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know. At the same time, the suspect said that he gave the victim 800,000 tenge in cash in April of this year, that is, to give the victim's mother-in-law named Inkar. And he said that the suspect received money not at 12%, but at 15%, and every month he gave 25,000 tenge in cash to the victim, and the suspect, the victim's mother-in-law, a citizen named Inkar, owed 1,200,000 tenge. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. At the same time, the victim's words about the investment in gold in" M-Lombard " LLP did not find their place precisely in the statements, the words are verbal and inaccurate;
Change in the qualification of a criminal offense | appeal against the decision of the investigator | defense claim
The victim in this case is B. K. B. – according to him, the suspect said that M-Lombard LLP is investing in gold, and if he invests in it, he receives 15-25% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. "I don't know," he said. However, the suspect gave an accurate answer to the investigator that he received 2,870,000 tenge from the victim in the period from 2020 to 2022 under the contract of "Caspian gold", which was returned to the victim in the amount of 4,673,000 tenge. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find their place precisely, the words were verbal and inaccurate; in this case, the victim A. A. S. – according to him, the suspect said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every monaccording to him, the suspect said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who, believing the words of the suspect, received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect caused property damage in the amount of 2,314,000 tenge with the remainder oAfter 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who, believing the words of the suspect, received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect caused property damage in the amount of 2,314,000 tenge with the remainder of the refund of the total cost to the victim by his criminal actions. However, the suspect confirmed that he received money from the victim between 2020 and 2022. He received the money through the Caspian gold installation and, according to the suspect, received 1,697,000 tenge.
At the same time, he noted that he wrote a hand letter with a bonus of 1,697,000 tenge, received 2,500,000 tenge in a hand letter. The suspect wrote a letter that the victim transferred 2,987,000 tenge to the Caspian gold installation and received 534,000 tenge iAt the same time, he noted that he wrote a hand letter with a bonus of 1,697,000 tenge, received 2,500,000 tenge in a hand letter. The suspect wrote a letter that the victim transferred 2,987,000 tenge to the Caspian gold installation and received 534,000 tenge in cash. The suspect did not agree with the amount the victim was talking about and the words "m - Lombar", investment. In fact, the victim, the suspeIn fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find their place precisely, the words are verbal and inaccurate; in this case, the victim is E. A. M. – according to him, the suspect said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who, believing the words of the suspect, received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect, by his criminal actions, caused property damagaccording to him, the suspect said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who, believing the words of the suspect, received funds from financial organizations and gave them to the suspect in order to benefit After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who, believing the words of the suspect, received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect, by his criminal actions, caused property damage in the amount of 600,000 tenge from the return of the total cost to the victim. However, the suspect received 500,000 tenge from the victim between 2020 and 2022. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. Today, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including by mediation.;
Change in the qualification of a criminal offense | appeal against the decision of the investigator | defense claim
The victim in this case is U. G. B. The victim in this case is U. G. B. – according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to t– according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financial organizations and gave taccording to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financiAfter 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect caused property damage in the amount of 1,640,000 tenge from the return of the total cost to the victim by his criminal actions. However, the suspect said that he received 1,480,000 tenge from the victim between 2020 and 2022, and he returned 902,000 tenge, and the remaining 578,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LAt the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate.
The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, on purpose to the suspect or his transfer to the Caspian gold facility, or otherwise, did not present to the investigator to this day and did not find evidence by the investigation; in this case, the victim S. R. T. – according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every monaccording to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a After 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a light bonus, and the suspect caused property damage in the amount of 1,600,000 tenge from the return of the total cost to the victim by his criminal actions. However, the suspect said that he received 800,000 tenge from the victim between 2020 and 2022, and he returned 200,000 tenge, and then owed the remaining 600,000 tenge.
The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the invThe transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. In connection with the provisions of Article 35 of this code, an application for a written pardon was sent to the investigator, in connection with which the victim, in accordance with the rights provided for in paragraphIn connection with the provisions of Article 35 of this code, an application for a written pardon was sent to the investigator, in connection with which the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including through mediation.
Change in the qualification of a criminal offense | appeal against the decision of the investigator | defense claim
According to the victim of this case, the suspect said tAccording to the victim of this case, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to mAfter 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a light bonus, and the suspect caused property damage in the amount of 1,640,000 tenge from the return of the total cost to the victim by his criminal actions. However, the suspect said that he received 1,640,000 tenge from the victim between 2020 and 2022, and he returned 160,000 tenge, and the remaining 1,480,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. To date, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim uses the right to reconcile with the suspect, accused, defendant in cases stipulated by law, including by mediation. -according to him, the suspect borrowed 1,5-according to him, the suspect borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to the suspect for the purpose of its continuation, and the suspect brought to the investigating authorities that by his criminal actions he caused property damage to the victim for a total amount of 1,500,000 tenge.
However, the suspect said that he received 550,000 tenge from the victim between 2020 and 2022, and he returned 665,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the However, the suspect said that he received 550,000 tenge from the victim between 2020 and 2022, and he returned 665,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. In connection with the provisions of Article 35 of this code, an application for a written pardon was sent to the investigator, in connection with which the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including through mediation. According to the victim of this case O. G. B., The suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, He said that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in oHe said that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds that he gave at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a light bonus, and the suspect caused property damage in the amount of 1,700,000 tenge from the return of the total cost to the victim by his criminal actions. However, the suspect said that he received 200,000 tenge from the victim between 2020 and 2022, and he returned 300,000 tenge, and the remaining He said that he owed 1,700,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate.
In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation; the suspect, the victim in this case, is a friend of the victim, and since childhood we grew up on the same street. In addition, they lived in the same rented apartment in Almaty and have not seen him since 2020 and have not received any money or valuables. He's in Almaty, and I'm in Shu. The victim did not receive money in the amount of 2,000,000 tenge. To date, no evidence has been provided to the investigator and the investigation has not found; according to the victim T. U. S. in this case, since October 2019, the victim has been employed as an eyebrow and eyelash master in a beauty salon located near "m– pawnshop" on Satpayev street, Shu city. It was a friend named Ainur who invited him to work. He works as a nail master in this salon. In addition, there he met the suspect, he worked as a nail master. Further, while the victim was working in this beauty salon, the suspect promised the victim that he would borrow 150,000 tenge in May 2021 and pay the victim with interest. The suspect is not going to tell the victim that there is an investment in gold or tell the victim that they need to invest in it. According to the victim, the suspect in those years, he studied many courses and took the necessary devices for work, and the victim did not earn 150,000 tenge. Then on March 5, 2022, the suspect asked the victim for money in additional debt. The victim gave 360,000 tenge of funds that he had, that is, 160,000 tenge in cash, and Kalgan 200,000 tenge in the name of the mother of the suspect, nurlukul transferred to Kaspiy gold. The victim believed what he said and initially gave 150,000 tenge, followed by 360,000 tenge. Then the suspect received a total of 510,000 tenge, and for this time the suspect did not return the money, stating that by his criminal actions he caused property damage to the victim for a total of 510,000 tenge. However, the suspect admitted that he borrowed 590,000 tenge from the victim between 2020 and 2022. However, he gave the investigator evidence that he returned 634,500 tenge to the victim. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation.
In connection with the provisions of Article 35 of this code, an application for written pardon was sent to the investigator, in which the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including through mediation. – according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every monaccording to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financiaAfter 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to benefit from a light bonus, and the suspect caused property damage in the amount of 2,775,000 tenge. However, the suspeHowever, the suspect said that he received 1,776,000 tenge from the victim between 2020 and 2022, and he returned 1,663,000 tenge, and then owed the remaining 113,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, on purpose to the suspect or his transfer to the Caspian gold facility or otherwise, did not present to the investigator to this day and did not find evidence by the investigation; in this case, the victim K. N. B. – according to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds given at interest, and, believing the words of the suspect, he received funds from financial oraccording to him, the suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, After 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds given at interest, and, believing the words of the suspect, he received funds from financial orgaAfter 1 year, he said that all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds given at interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a light bonus, and the suspect caused property damage in the amount of 6,500,000 tenge. However, the suspect said that he received 3,413,000 tenge from the victim between 2020 and 2022, and he returned 2,418,000 tenge, and the remaining 1,000,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind.
At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. It is clear that the victim, on purpose to the suspect or his transfer to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation; According to the victim of this case R. A. B., The suspect said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives from 10 to 20% of his money every month, He said that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds for interest, and, believing the words of the suspect, he received funds from financial organizations and gave them to the suspect in order to make a profit with a light bonus, and the suspect caused property damage in the amount of 2,350,000 tenge. However, the suspect said that he received 300,000 tenge from the victim between 2020 and 2022, and he returned 400,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. At the same time, the victim's words about the investment in gold in "M-Lombard" LLP did not find a place in kind, his words were verbal and inaccurate. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or any other exact evidence, has not been presented to the investigator to this day and has not been found evidence by the investigation. According to the above-mentioned episodes, the suspect presented evidence to the investigator, proving the debt of the victim to the head = 8,503,300 tenge.
As specified in the norm of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan "presumption of innocence", everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for by this code and established by a court verdict that has entered into legal force. No one with son is obliged to prove his innocence. Unresolved doubts about the guilt of the suspect, accused, defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant. In accordance with Article 207 of the Criminal Code of the Republic of Kazakhstan, if during the pre-trial investigation there are grounds for changing or supplementing the qualification of the suspect's actions, the qualification of a criminal offense, the prosecutor, the person conducting the pre-trial investigation, in compliance with the requirements of Article 204 of this code, is obliged to draw up a new In fact, the senior investigator of the Investigative Department is the suspect of the police Captain G. K. Kikimbayev A. A. Sh. in relation to the criminal case No. 223166031000176, it is necessary to exclude paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the criminal code from the qualification that fraud, that is, the acquisition of the right to foreign property in a particularly large amount by deception and abuse of trust, paragraph 2 of Part 4 of Article 190 of the Criminal Code. After all, according to the above-mentioned episodes, the suspect's debt to the victims = 8,503,300 tenge has been found by the investigation
Change in the qualification of a criminal offense | appeal against the decision of the investigator | defense claim
According to subparagraphs 38 and 3 of Part 3 of the Criminal Code of the Republic of Kazakhstan, Article 190 of the Criminal Code defines major damage and major amount-the amount of property value or damage exceeding one thousand times the monthly calculation index, the amount of property value or damage up to four thousand times the monthly calculation index, which is from 3,180,000 tenge to 12,720,000 tenge. That is, we consider it necessary to re-qualify this criminal case under paragraphs 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan. "I don't know," he said. -according to him, the suspect borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to the suspect for the purpose of its continuation, and the suspect brought to the investigating authorities that by his criminal actions he caused property damage to the victim for a total amount of 1,500,000 tenge. According to the victim T. U. S., While working in this beauty salon, the suspect promised the victim that in May 2021 he would borrow 150,000 tenge of money and pay the victim with interest. The victims reported to the investigator that they had borrowed the funds from the suspect. In accordance with Article 35 of the Criminal Code of the Republic of Kazakhstan, proceedings in a case are terminated on the grounds provided for in Paragraphs 1) and 2) of the first part of this article, both when the absence of an event of a criminal offense or the composition of a criminal offense is proved, and if all opportunities are used to collect additional evidence, their presence is not proved. At the same time, the relationship of the suspect with the victim can be classified as civil legal relations. At the same time, in accordance with Part 2 of Article 207 of the Criminal Code of the Republic of Kazakhstan, if the suspicion disclosed during the pre-trial investigation is not confirmed in any part, the investigator, by his decision, ceases criminal prosecution in this part, notifies the suspect and other participants in the process, providing a copy of the decision taken. As specified in the norm of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan "presumption of innocence", everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for by this code and established by a court verdict that has entered into legal force.
No one with son is obliged to prove his innocence. Unresolved doubts about the guilt of the suspect, accused, defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant. In accordance with Article 207 of the Criminal Code of the Republic of Kazakhstan, if during the pre-trial investigation there are grounds for changing or supplementing the qualification of the suspect's actions, the qualification of a criminal offense, the prosecutor, the person conducting the pre-trial investigation, in compliance with the requirements of Article 204 of this code, is obliged to draw up a new Complaints about the actions (omissions) and decisions of persons conducting pre-trial investigations filed by persons protecting their rights and interests or the rights and interests represented by them are submitted to the head of the investigation department, the head of the inquiry body, the prosecutor or the court in accordance with Article 105 of the Criminal Code of the Republic of Kazakhstan. As specified in Article 58 of the Criminal Code of the Republic of Kazakhstan, the prosecutor is an official within his competence exercising other powers in accordance with Article 83 of the Constitution of the Republic of Kazakhstan and this code, and in the presence of grounds for this, in accordance with the procedure provided for by this code, the prosecutor, by his decision, supervises the legality of pre-trial investigation.
Change in the qualification of a criminal offense | appeal against the decision of the investigator | defense claim
Based on the foregoing and the CPC of the Republic of Kazakhstan 24, 58, 64, 65-1,78, 99, 100, 105 in accordance with articles,
Please:
07.2022 resolution adopted by the Senior Investigator of the Investigation Department of the Police Department of the Shu district on the refusal to satisfy the request of the police Captain G. K Kikimbayev to change or supplement the qualification of a criminal offense by the defense lawyer G. Sarzhanov in the case – to fully satisfy the request, recognizing it illegal;
Respond to the application within the time stipulated by law in accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan.
Defender: ___________/ Sarzhanov Galymzhan Turlybekovich "___"_______2022 year
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