Complaint About illegal search and seizure of documents in the office of a public organization, restriction of freedom of movement, prohibition to leave the office
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the boss___________________ District Department of Internal Affairs of the city_________________,
_________________________________________________ (Full name and rank of the investigator)
_________________________________________ (address of the pre-trial investigation body)
To the Prosecutor _______________________ city district __________________ ______________________________
(Full name of the prosecutor, class rank) address of the prosecutor's office: ______________________________
To the investigating judge_______________ district court of the city________________________
(to the court at the place of the pre-trial investigation) address:____________________________
from ___________________________, ( Your full name and date of birth) of the resident
at the address:________________________________ (address, home and mobile phone number)
complaint
Illegal search and seizure (of documents, office equipment)/ restriction of freedom of movement (prohibition to leave the office) in the office of a public organization.
In the production of the investigator/inquirer _____________________________________ ( Full name, title of the investigator/inquirer and the body of the pre-trial investigation) are the materials of the criminal case on the fact__________________________________________ ( article of the Criminal Code of the Republic of Kazakhstan, specified in the resolution on the qualification of the act) During the pre-trial investigation, "____" ______ 201__ G. – employees of the pre-trial investigation body at _____ hours ____ minutes ______________________________( Full name of the staff, name of the pre-trial investigation body) a search and seizure of documents and office equipment was carried out at the office of the public organization ______________( name), located at:______________. I consider this search and seizure illegal on the following grounds. The search and seizure, in violation of Part 7 of Article 254 of the Criminal Procedure Code of the Republic of Kazakhstan, were carried out without presenting a resolution on their production. Prior to the search and seizure, the persons present at the office of the public organization were not offered to voluntarily hand over the items and documents to be seized that could be relevant to the criminal case, which is a violation of Part 8 of Article 254 of the Criminal Procedure Code of the Republic of Kazakhstan. Contrary to Parts 9 and 10 of art. 254 of the CPC RK, during the search and seizure, the office doors were damaged, although the office owner did not refuse to open them voluntarily, or rather, the owner did not have time to open them, because they were already broken.
Complaint About illegal search and seizure of documents in the office of a public organization, restriction of freedom of movement, prohibition to leave the office
The witnesses were not present from the very beginning of the search, they actually went to the office of the public organization 10 minutes before the end of the search, which lasted for 3 hours, signed the tags and left without examining the objects for which these tags were intended. The seized items were not presented to the witnesses and were not packed and sealed properly, according to the rules of Part 14 of Article 254 of the Criminal Procedure Code of the Republic of Kazakhstan. During the seizure of documentation and office equipment, the use of scientific and technical means of the course and results of the search and seizure was not carried out, which is also a gross and significant violation of the search and seizure procedure specified in Articles 220 and 254 of the Criminal Procedure Code of the Republic of Kazakhstan. Investigator/ inquirer ____________________ he seized absolutely all the originals (full name of the employees who carried out the search and seizure, name of the pre-trial investigation body) of the documentation of the public organization, without being able to make copies of the seized documents, absolutely all the organizational equipment, including including information that is in the personal use of employees of a public organization with information about private life, without clarifying whether this documentation and office equipment relate to a criminal case and whether all seized items may have any relation to a criminal case. In addition, all persons in the office of the NGO were prohibited from leaving the office during the search and seizure, including those who applied to the NGO for legal assistance, which restricted the freedom of movement of citizens. It should also be noted that an inspection of the office of a public organization was carried out without the relevant decision of the pre-trial investigation body and the approval of the prosecutor. All of the above actions were captured on video, automatically and around the clock carried out in the office of the public organization. These actions _________________________________________________________ (Full name, title of investigator/inquirer and pre-trial investigation body) from "___"_________ 201__ G. I consider them illegal and arbitrary because: According to art . 8 of the Criminal Procedure Code of the Republic of Kazakhstan: "The tasks of the criminal process are the suppression, impartial, prompt and complete disclosure, investigation of criminal offenses, exposure and prosecution of those who committed them, fair trial and proper application of criminal law, protection of individuals, society and the state from criminal offenses, the procedure established by law for criminal proceedings should ensure protection from unjustified accusations and convictions, illegal restrictions on human and civil rights and freedoms, and in case of unlawful accusation or conviction of an innocent person, his immediate and complete rehabilitation, as well as contribute to strengthening law and order, preventing criminal offenses, and forming a respectful attitude towards the law." As follows from Article 9 of the Criminal Procedure Code of the Republic of Kazakhstan: "The principles are the fundamental principles of the criminal process, which determine the system and content of its stages, institutions and norms that provide general conditions for the realization of the rights and obligations of participants in the criminal process and the solution of the tasks facing it. Violation of the principles of criminal procedure, depending on its nature and materiality, entails the recognition of a procedural action or decision as illegal, the cancellation of decisions made during such proceedings, or the recognition of the materials collected as having no validity of evidence or the proceedings in the case as invalid."
Among the basic principles of criminal proceedings, the CPC of the Republic of Kazakhstan defines: the principle of legality, the principle of equality of all before the law and the court, the principle of the presumption of innocence, and a ban on treatment degrading human dignity and violation of privacy and home (other premises). According to art . 13 of the Criminal Procedure Code of the Republic of Kazakhstan, during criminal proceedings, decisions and actions that degrade the honor or detract from the dignity of a person participating in criminal proceedings are prohibited, the collection, use and dissemination of information about private life, as well as personal information that a person considers necessary to keep secret, for purposes not provided for by the Criminal Procedure Code of the Republic of Kazakhstan, are prohibited. As follows from art . 15 of the CPC of the Republic of Kazakhstan, the body conducting criminal proceedings, is obliged to protect the rights and freedoms of citizens participating in criminal proceedings, create conditions for their implementation, and take timely measures to meet the legitimate demands of participants in criminal proceedings.
Complaint About illegal search and seizure of documents in the office of a public organization, restriction of freedom of movement, prohibition to leave the office
The damage caused to a citizen as a result of violation of his rights and freedoms during criminal proceedings is subject to compensation on the grounds and in accordance with the procedure provided for by the CPC of the Republic of Kazakhstan. Article 31 of the CPC of the Republic of Kazakhstan proclaims the freedom to appeal against the actions and decisions of the criminal prosecution body. In addition, it is not allowed to file a complaint to the detriment of the person who filed the complaint or in whose interests it was filed. For a complaint to the court, it is necessary to include the following words: "By me "___" _______ 201__ G. A complaint was filed with the prosecutor's office. _____________ cities ________________, However, I did not receive a response to the complaint (the prosecutor's office did not find any violations of the CPC norms). In accordance with Part 1 of Article 106 of the Criminal Procedure Code of the Republic of Kazakhstan, a person whose rights and freedoms are directly affected by the action (inaction) and decision of the prosecutor, investigative and inquiry bodies has the right to file a complaint with the court about a violation of the law during a search and/or seizure at the location of the body conducting the criminal process within fifteen days from the day of familiarization with the decision with which the person does not agree.
Actions of the investigators/interrogators ____________________________, who took place (full name of the investigator and the body of the pre-trial investigation) "___" _______ 201__ G., to recognize as illegal and oblige to eliminate the violation committed in the form of a ruling declaring illegal the course and results of the search and seizure and preventing this action from being used as evidence in a criminal case.
To issue a private resolution to the pre–trial investigation body in connection with the admission by the pre-trial investigation body of violations of the Law - (requirements for a complaint to the court). "___"___________201___ G., _________ FULL NAME, ____________ signature. (Submit two copies three times through the office (Department of Internal Affairs, Prosecutor's office and court), keep three copies (copies of the complaint you signed) with a stamp or a certificate of registration in each institution).
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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