Complaint about an investigator's action/omission in a criminal case

 

To the Prosecutor's Office of Almaly district of Almaty

 

from the lawyer: Galymzhan Turlybekovich Sarzhanov

Law and Law Law Firm  

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 708 971 78 58.

In the interests of: G.. Ah... I am Ashur-Oglu

IIN ...

 

Claim

on the action/inaction of the investigator of the Department of Internal Affairs of the Almaly district of the DP of Almaty, N. U.B.

 

There is a criminal case in the proceedings of the Almaly district Administrative Division registered in the ERDR No. 257511031000798 under art. 317 Part 1 of the Criminal Code of the Republic of Kazakhstan on the application for A.T. in relation to V. A.A. and G. A.A.

Earlier, the senior investigator of the Criminal Investigation Department of the Almaly district of Almaty, police captain N.U.B. (hereinafter referred to as the investigator), in the said criminal case, guided by Articles 270, 272 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), decided to appoint a commission forensic medical examination. He informed us of the Resolution on June 24, 2025.

According to art. 272, part 5 of the CPC, the participants in the process, defending their or represented rights and interests, in writing, submit to the body conducting the criminal proceedings, the issues on which, in their opinion, an expert opinion should be given, indicate the objects of research, and also name the person who can be invited as an expert.. The body conducting the criminal procedure has no right to refuse to appoint an expert examination, except in cases where the issues submitted for its resolution do not relate to the criminal case or the subject of the forensic examination. The person conducting the pre-trial investigation issues a reasoned decision on the refusal to satisfy the petition within three days from the date of receipt of the petition.

On June 27, 2025, I filed a petition for additional questions to be posed to the expert, which indicated additional questions to the expert, in particular, I asked for a forensic medical examination to be ordered in relation to the doctor of the State Clinical Hospital No. 5 ChLH of Almaty, R.E. Tarasov.

           However, the investigator, having violated the deadlines for the resolution of petitions provided for in art. 99, Part 4 of the CPC, responded to the petition on July 7, 2025.

           Moreover, the investigator unlawfully decided to dismiss the petition, referring to the fact that a commission forensic medical examination of medical documents had already been appointed in the criminal case, for which documents taken from the State Clinical Hospital No. 5 "ChLH" were provided.

           We do not agree with the Decision of the inquirer to dismiss the petition dated July 7, 2025, we consider the decision to be unfounded and not motivated on the following grounds:

           First of all, we asked for additional questions to be included in our petition.;

Secondly: According to the materials of the criminal case, on 17.10.2024, in GKB No. 5 of the ChLH in Almaty, patient O...A.T., doctor Tarasov R.E. underwent surgery, including tooth extraction 2.7 (27), extraction of filling material from the maxillary sinus, curettage of the tooth socket and hemostasis.

Considering that this intervention is surgical in nature and was performed after dental treatment provided by Huseynov A.A., it could lead to its own complications, distort the picture of pathology or affect the further state of health of the victim.

Due to the need to ensure a comprehensive, complete and objective investigation of the circumstances of the case, based on Articles 24, 270 and 272 of the Criminal Procedure Code of the Republic of Kazakhstan, in order to differentiate the causes of adverse effects, as well as to identify a possible causal relationship with the actions of the doctors of the 5th CC, we asked to appoint a forensic medical examination in relation to the doctor of the GKB no.5 ChLH Almaty Tarasova R.E. too.

According to Article 10 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), an inquirer in criminal proceedings must strictly comply with the requirements of the Constitution of the Republic of Kazakhstan, this Code, and other regulatory legal acts specified in Article 1 of this Code.

Accordingly, we appeal to you using the right provided for in Article 100 of the CPC of the Republic of Kazakhstan, which states that decisions and actions of the person conducting the pre-trial investigation, the prosecutor, the court or the judge may be appealed in accordance with the procedure established by this Code by participants in the process, as well as individuals and legal entities, if the ongoing procedural actions affect their interests.

According to art. 99, part 4 of the CPC RK, the petition is subject to consideration and resolution immediately after its application. In cases where an immediate decision on an application is not possible, it must be resolved no later than three days from the date of the application.

105 of the CPC RK, complaints filed by persons defending their or represented rights and interests against the actions (inaction) and decisions of persons conducting a pre-trial investigation are submitted to the head of the investigative department, the head of the body of inquiry, the prosecutor or the court.

According to Article 1 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the Prosecutor's Office, on behalf of the State, carries out, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. According to Article 5 of the Law, the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) over legality.

According to paragraph 3, Article 58 of the CPC of the Republic of Kazakhstan, if there are grounds and in accordance with the procedure provided for by this Code, the prosecutor has the right by his decision to accept cases for his own production and personally conduct an investigation, using the powers of the investigator. Supervision of the legality of the pre-trial investigation is carried out by an authorized prosecutor.

Based on the above and in accordance with Article 105 of the CPC of the Republic of Kazakhstan,

 

I beg:

 

·         To cancel the decision of the senior investigator of the Department of Internal Affairs of the Almaly district of Almaty, police Captain Nazir U.B., to dismiss the petition dated June 28, 2025.;

·         To satisfy the lawyer's request to pose additional questions to the expert.

 

 

Lawyer / Defender:

                                                                                                                       Sarzhanov G.T.

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