Complaint about systematic inaction of the investigator and unjustified prolongation of the criminal case
Minister of internal affairs of the Republic of Kazakhstan
Sadenov Yerzhan Saparbekovich
Republic of Kazakhstan 010000, Astana, Tauelsizdik Ave., 1.
SDTBT: on the case No. 267914031000483.
Victim: Kraidaralievna
IIN:...
Shymkent city,... home resident.
Representative by power of attorney:
Legal office" law and law"
Bin 201240021767.
Lawyer Sarzhanov Galymzhan Turlybekovich
Republic of Kazakhstan, 050002, Almaty,
Almaly district, abylai Khana Ave., house 79/71, office 304.
info@zakonpravo.kz www.zakonpravo.kz
Tel.: +7 708 971 78 58 / 8 727 971 78 58.
Complaint
On the systematic inaction of the Investigative Department of the Turanian District Police Department of the PD of Shymkent and the unjustified suspension of a criminal case
Currently, a pre-trial investigation is being conducted against Ashdilmuratovna under Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan on the basis of the application of Kraidaralievna. This criminal case is registered in the Unified Register of pre-trial investigations (hereinafter referred to as SDTBT) No. 267914031000483.
This criminal case was registered on the basis of an application filed by the victim Kraydaralievna in March 2026.
According to the victim's explanation, since January 2026, fruit and berry products belonging to the boutique No. 17 on the Zhibek Zholy market, located at the address: Shymkent, Almaty Highway No. 38, began to systematically disappear. Despite the high volume of trade, income from trade fell sharply, and the victim suffered large financial losses.
Subsequently, the owner of boutique No. 3B Sarypbekova Elmira Abdykhanovna noticed that the owner of the neighboring boutique Ashdilmuratovna regularly carried boxes and goods from boutique No. 17 belonging to the victim, and reported this to the victim.
After that, the recordings of video surveillance cameras belonging to the owner of the neighboring boutique No. 1-2 Rozytaevna H T were examined, where it was found that Ashdilmuratovna illegally transported goods from the boutique belonging to the victim for several days in a row.
The application submitted by the victim to the investigative body dated 2026 17, 18, 20, 21, 22, 23 and all the episodes of thefts that took place on March 24 are clearly shown to the minute, to the second, and the name, time and description of the criminal actions of each video are detailed.
In addition, the videos clearly show: illegal entry of a suspicious person into the victim's boutique at night; repeated transportation of goods in boxes and bags; loading of other people's property into his own boutique and car; systematic and repetitive actions; in some episodes, he acts together with a citizen named Aziz.
In addition, in the protocol of the page dated April 20, 2026, Ashdilmuratovna herself confirmed the receipt of goods from the victim's boutique in a number of episodes.
However, despite the sufficient amount of evidence, to date, the necessary investigative actions aimed at a full, comprehensive and objective investigation of the criminal case have not been carried out by the investigator of the Investigative Department of the Turan district PB of the PD of Shymkent U. N. Taliban.
In particular:
-numerous appeals filed by the victim were not answered within the time limits provided for in Part 4 of Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC). Our letter of request for interrogation of a person named Aziz, sent on April 22, 2026 through the e-application portal (ZT-2026-01733366), has not been considered by the investigator to date;
- Important videos on the territory of the Zhibek Zholy market have not been received from the market Administration in full to this day, however, our letter of application was sent via E-application (Le-2026-01322193) on March 30, 2026;
– despite the fact that our letter of request for interrogation of witnesses was satisfied, not a single witness from the list was interrogated, but the resolution of the investigator of the PD Turan district PB of Shymkent U. Taliban, who satisfied our letter of request for interrogation of witnesses in the market, was adopted on April 10, 2026, that is, to date, not a single witness has been interrogated;
- The full identity of a potential accomplice named Aziz has not been established, he was not called for interrogation and a legal assessment of his actions was not given;
– the investigator and officials of the investigative department do not fulfill their procedural decisions themselves;
-Specific instructions of the prosecutor of Turan District of Shymkent in accordance with Article 193 of the CPC were not fulfilled.
On April 22, 2026, the prosecutor of the Turan District of Shymkent S. Abdiev considered the complaint filed by the victim, recognized the inaction of the investigator and untimely response to appeals, and partially satisfied the complaint.
In addition, it was noted that the prosecutor's office and the Police Department of Shymkent have introduced an act of supervision to eliminate violations of the law and prevent them in the future.
However, despite the acts of prosecutorial response, the inaction of the investigative body continues.
In accordance with Article 192 of the Criminal Code of the Republic of Kazakhstan, a pre-trial investigation must be carried out within a reasonable time frame.
However, in this criminal case: video recordings; witnesses; real time signs; answers of the suspect in the nature of confession; information confirming the actual volume and movement of goods, the case has been stretched for several months without results.
In our opinion, such inaction is contrary to: the tasks of the criminal process; the rights of the victim; the principles of preservation of evidence; the principle of a reasonable term.
In addition, given that the videos are threatened with extinction over time, the inaction of the investigative body can lead to the loss of evidence.
These circumstances indicate the inaction of the investigator and unjustified prolongation of the criminal case, despite the presence of simple and obvious evidence.
According to Article 192 of the Criminal Code, a pre-trial investigation must be completed within a logical time frame, taking into account the complexity of the criminal case, the scope of investigative actions and the sufficiency of studying the circumstances of the case, but not exceeding the statute of limitations for criminal prosecution established by the Criminal Code of the Republic of Kazakhstan.
When determining the logical time frame for the pre-trial investigation, such circumstances as the legal and actual complexity of the criminal case, the exercise of procedural rights by the participants in pre-trial proceedings, the way in which the person carrying out the pre-trial investigation exercises his powers for the purpose of timely implementation of pre-trial proceedings are taken into account.
However, the specified criminal case is not complicated in its nature, there is enough evidence, and the inaction of the investigator leads to an unjustified prolongation of the case.
And in accordance with Part 2 of this article 192 of the CPC, a pre-trial investigation for inquiry cases should not exceed one month and two months for preliminary investigation cases. The prosecutor has the right to review these deadlines, establishing a reasonable time frame for the pre-trial investigation.
Using our rights provided for in Article 105 of the CPC, we have repeatedly sent complaints to the head of the Investigative Department of the PB Turan District of the PD of Shymkent and the supervising prosecutor regarding the inaction of the investigator. However, despite the formal consideration of these complaints, to date, there are no relevant investigative actions leading to concrete results in the criminal case.
The head of the investigation department, the head of the inquiry body and the prosecutor authorized to consider complaints in accordance with Article 105 of the CPC in accordance with Part 21 of the instruction on the procedure for considering procedural decisions and actions (omissions) of officials conducting proceedings in a criminal case (hereinafter referred to as the instruction) are obliged, within the limits of their powers, to immediately take measures to restore the violated rights and legitimate interests of participants in criminal proceedings, as well as other individuals or legal entities.
In accordance with Part 24 of the instructions, the issue of liability of guilty officials is considered simultaneously on satisfied complaints considered in accordance with Article 105 of the CPC, as well as considered by a higher official.
Guided by paragraphs 3-1) and 5) of Article 105, Part 8 of Article 192 and Part 1 of Article 193 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ASK YOU:
* Assign an official investigation of the actions/omissions of the investigator U. N. Taliban of the Turanian District of the PD of the city of Shymkent in the criminal case of the SDTBT No. 267914031000483;
* Conduct a legal and disciplinary assessment of the inaction of the head of the Turanian District Police Department of the Shymkent City Police Department and responsible officials, and bring them to disciplinary responsibility;
* Take the specified criminal case (SDTBT No. 267914031000483) under personal control and supervision;
· Establish a reasonable period of pre-trial investigation, taking into account the circumstances of the criminal case, and establish a reasonable period for the investigator in the criminal case.
With respect,
Representative / lawyer by power of attorney: G. T. Sarzhanov
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