Complaint about the actions and omissions of the investigator about the red tape of the criminal case

 

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Prosecutor's office of the Auezovsky district of Almaty, Almaty city, Sayran microdistrict, 12 A.

8 (7272) 77 30 51 from I.U.E. born on 04/19/1990,

IIN ....., Karaganda region, Karaganda city, Shakhterov ave., house .., apartment .... S.T. 8 700 ....

Proxy Representative: Law and Law Law Firm

BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 578 57 58,

 

 

Claim

on the action of the investigator from the UE of the Auezovsky district of Almaty

      The following circumstances served as the basis for contacting you. Thus, on August 31, 2022, I.U.E. filed a complaint with the Prosecutor's office of Almaty, requesting that a criminal case be initiated and that citizen A.A.K. be brought to justice. Born in 1974, who was in Almaty in the period from May to June 2022, for selfish reasons, acting with direct intent to deceive, having gained my full trust, further abusing it, offered me to invest money to buy various consumer goods allegedly confiscated by authorized state bodies, as well as confiscated cars of different brands for their subsequent sale in order to obtain material benefits. Further, in order to completely mislead, she even provided the product several times.  At the same time, A.A. K., in order to give the truthfulness of her criminal intent, reported that she was able to purchase not only confiscated consumer goods, but also confiscated cars of various brands. Therefore, having fully trusted A....., in several steps, I.U.E. handed over to her a total of 40,000,000 tenge for the purchase of two Lexus – 570 cars, produced in 2015. To make it more convincing, A. she delayed her fraudulent actions by telling all sorts of plausible reasons, although, as it is now understood, her intentions initially included the appropriation of the sums stolen in this way, and not the fulfillment of her assumed obligations to purchase the confiscated goods (confiscated) with the money she received from I.U.E. Thus, A.A. K. on several occasions, out of self-interest, anticipating the inevitability of socially dangerous consequences, I have acted with direct intent by deception and abuse of trust, stolen I.U.E.'s funds, which caused particularly large damage in the amount of 40,000,000 tenge, that is, a criminal offense under art. 190 Part 4 of the Criminal Code of the Republic of Kazakhstan.

 

In accordance with Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan, a pre-trial investigation is mandatory for all statements and reports of criminal offenses, with the exception of cases of private prosecution. If there is information in the received application or message about the signs of an administrative offense or disciplinary misconduct, the appeal is sent by a cover letter to the relevant authorized state body or official within three days. In addition, it has now become known from Internet resources that this citizen is not an entrepreneur, but has previously been convicted of a number of similar crimes, her criminal record has not been repaid, she has outstanding lawsuits in large amounts, and there are twenty-four enforcement proceedings against A.A. K. That is, the woman did not realize the illegality of her actions, did not correct herself and continues her criminal activities. In 2017, she was wanted for committing a number of crimes under Article 190 of the Criminal Code of the Republic of Kazakhstan by the Police Department of the Nauryzbai district of Almaty, and again this did not become a lesson for her. Correspondence and negotiations with A.A. K. are fully available, as well as translations, which is proof of her guilt in the committed acts. Further, the application from the Prosecutor's Office of Almaty was redirected to the Almaty Police Department, on September 13, 2022, from the DP of Almaty to the UP of the Auezovsky district of Almaty, it was transferred to investigator N.D.D. According to the CPC of the Republic of Kazakhstan, paragraph 1 of Part 1 of Article 180. sufficient data indicating signs of criminal violations, in the absence of circumstances precluding the proceedings, namely the application of an individual. In addition, until now, for almost three months, no investigative actions have been carried out except for the interrogation of the victim, that is, the obvious crime is not being investigated. By virtue of Article 105 of the CPC of the Republic of Kazakhstan, 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.

 

We are saddened that in our country there is such a practice that officials, law enforcement agencies and judges begin to consider cases objectively only after contacting a higher authority, posting information on social networks and creating a public outcry. We are extremely outraged by the irresponsible actions of incompetent police officers, who discredit the good name of the Police. According to art . 1, the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the Prosecutor's Office, on behalf of the State, exercises, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. By virtue of Article 5 of the Law, the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) over legality. On the grounds of the above and in accordance with Articles 105, 193 of the Criminal Procedure Code of the Republic of Kazakhstan,

ask you:

In accordance with the procedure established by law, adopt acts of prosecutorial response and/or acts of prosecutorial supervision in order to eliminate violations of the rule of law.;

Proxy Representative Lawyer ___________/Sarzhanov G.T. "_____" ______________ 2022 G. 

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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