Complaint about the actions and omissions of the prosecutor
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To the Prosecutor of Almaty, B.K. Zhuiriktaev
from the representative of the victim K.A.K. – lawyer Nigmetov S.D. IIN.
Location: 79 Abylai Khan Ave., office 313, Almaty
cell phone: 87054628284 e-mail: ca6ut@mail.ru
On 12.11.2022, I submitted an application to the Prosecutor's office of the Zhetysu district for a criminal offense under art. 249 part 2 of the Criminal Code of the Republic of Kazakhstan. According to Article 193 of the Criminal Procedure Code of the Republic of Kazakhstan: "1. The Prosecutor, supervising the legality of the pre-trial investigation, as well as criminal prosecution: 1) registers an application for a criminal offense and submits it to the criminal prosecution body, or accepts it into its own proceedings and conducts a pre-trial investigation; 2) submits the application and the available materials on the criminal offense received from one body of criminal prosecution, according to the investigation and jurisdiction; 3-1) based on the results of checking compliance with the legality of the pre-trial investigation, the right to establish a reasonable time for the pre-trial investigation." According to Part 3-1 of Article 187 of the Criminal Procedure Code of the Republic of Kazakhstan, a preliminary investigation into a criminal offense provided for in Article 249, part 2 of the Criminal Code of the Republic of Kazakhstan is conducted by investigators of the Economic Investigation Service.
However, in violation of the specified requirements of the Criminal Procedure Code of the Republic of Kazakhstan, the prosecutor of the Zhetysu district of Almaty did not register my application and did not send it under investigation to the Economic Investigation Service. Moreover, I would like to draw your attention to the fact that the criminal case was initiated on 10.12.2021 and has not yet been sent to court. Thus, there is red tape on the part of the UP of the Zhetysu district and the supervising prosecutor. Based on the above, I ask:
To cancel the decision of the prosecutor of Zhetysu district;
Register my application for a criminal offense in compliance with the requirements of Article 193 of the Criminal Procedure Code of the Republic of Kazakhstan;
To establish a reasonable time limit for the pre-trial investigation in criminal case No. 217515031003329 in the UP of the Zhetysu district of the Almaty City Police Department.
Appendix: a statement on a criminal offense, a letter from the prosecutor of the Zhetysu district of Almaty.
11/15/2022 Nigmetov S.D.
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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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