Compensation for damages caused by unlawful conviction
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Bostandyk District Court of Almaty
The plaintiff: ______________ __.01.19__ G.R. IIN ______________ Almaty, Rozybakieva, 180-21 office phone: 8 ____________
Representative from the plaintiff on the warrant and power of attorney: No. __ AGCA ___________
Respondent: Ministry of Finance of the Republic of Kazakhstan
Astana, Pobedy ave., 11
STATEMENT OF CLAIM
(for compensation of losses caused to a citizen by unlawful conviction) (the price of the claim is 1,700,000 tenge)
By the verdict of the Bostandyk District Court of Almaty dated __ February 20__ ___________ He was sentenced under art. 188 part 1 of the Criminal Code of the Republic of Kazakhstan to restriction of liberty for a period of 3 years. By the decision of the Appellate Judicial Board for Criminal Cases of Almaty dated __ February 20__, the complaint was dismissed, the verdict of the court was unchanged. By the decision of the Cassation Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan dated __ July 20__, the verdict of the Bostandyk District Court dated __ February 20___ and the decision of the Appellate Board for Criminal Cases of Almaty of __ February 20__ has been cancelled. The criminal case was terminated for lack of evidence of a crime. Compensation for damages caused by unlawful conviction According to paragraph 1 of Article 923 of the Civil Code, the damage caused to a citizen as a result of unlawful conviction and criminal prosecution is fully compensated by the state. In accordance with paragraph 1 of Article 922 of the Civil Code, the damage is compensated at the expense of the state treasury.
In accordance with the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 2, paragraph 1 of Article 922, paragraphs 1 and 2 of Article 923, paragraph 3 of Article 951 of the Civil Code, regardless of the fault of the harm-doer, moral damage caused to a citizen as a result of: publication by state bodies is compensated from the state treasury (funds of the republican or local budget). acts that do not comply with legislative acts; unlawful conviction; unlawful prosecution; illegal use of detention, house arrest, and recognizance not to leave as a preventive measure; illegal imposition of administrative penalties in the form of arrest; illegal placement in a psychiatric or other medical institution; in other cases provided for by legislative acts. According to Article 541 of the Tax Code of the Republic of Kazakhstan, the plaintiff in disputes related to compensation for damage caused to a citizen by unlawful conviction, unlawful application of a preventive measure in the form of detention or unlawful imposition of an administrative penalty in the form of arrest is exempt from paying state duty. Compensation for damages caused by unlawful conviction
Based on the above and in accordance with Articles 922, 923, 951 of the Civil Code of the Republic of Kazakhstan and 148,149 of the CPC of the Republic of Kazakhstan,
I beg:
1. To recover from the defendant in this case an amount of 1,000,000 (one million) tenge as compensation for damage caused as a result of an unlawful conviction. 2. To recover from the defendant an amount of 500,000 (five hundred thousand) tenge as moral damage. 3. Collect 200,000 (two hundred thousand) tenge for the services of a lawyer during the investigation and trial;
Appendix: 1. a copy of the verdict of the Bostandy district court of Almaty on 6 sheets; 2. A copy of the decision of the cassation board on 6 sheets; 3. Receipts for payment for the services of a lawyer and a contract for the provision of services on 4 sheets; 4. the original warrant and power of attorney on 2 sheets;
The plaintiff _____________ __.08.20__ 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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