Complaint about the decision to interrupt the terms of the pre-trial investigation

 

 

To the investigating judge_________________ district court of the city________________________

(court at the place of conducting the pre-trial investigation) address:_________________________

from the victim _______________________, ( Your full name and date of birth)

in a criminal case № ________________________, ( specify the number of the criminal case)

who lives at:________________________________, (address, home and mobile phone number)

 

complaint

On the decision to interrupt the terms of the pre-trial investigation

           In the investigator's production _______________________________________________ ( Full name, title of investigator/inquirer and pre-trial body investigation) there are materials of the criminal case on the fact of hooliganism committed "___" _________ 201__ G. with the threat of violence on board air transport.

According to the results of the pre-trial investigation by the investigator _________________( FULL NAME) "___"___________201__ G. a decision was issued to interrupt the terms of the pre-trial investigation in respect of _____(FULL name of the suspect in the commission of a crime) with reference to paragraph 1 of Part 7 of Article 45 of the Criminal Procedure Code of the Republic of Kazakhstan (failure to identify the person who committed the criminal offense). With the decision on the interruption of the pre-trial investigation, issued by the investigator ________ (FULL NAME) from "___"____ 201__ G. I disagree on the following grounds: According to the results of the preliminary investigation, it was established that the hooliganism of the suspect was committed intentionally with the threat of violence on board the aircraft. An investigator __________________________( FULL name) as a reason for the interruption of the pre-trial investigation period in the resolution from "___" ______201__ the year indicated is the unidentified person, who committed a criminal offense, that is, paragraph 1 of Part 7 of Article 45 of the Criminal Procedure Code of the Republic of Kazakhstan. However, this person was identified by the pre-trial investigation body. He is __________( Full name of the suspect), who lives at:__________. The guilt of the suspect was indicated in the testimony of witnesses ____ (full name, addresses, phone numbers) Also, the guilt of the suspect's commission of the alleged act is confirmed by the content of the video recording available to the pre-trial investigation authorities. In addition, the investigator _______________________( FULL NAME) mistakenly came to the conclusion, referring to art. 191 of the Criminal Code of the Republic of Kazakhstan that the proceedings on this offense, qualified under Part 2 of art. 293 of the Criminal Code of the Republic of Kazakhstan is not necessary and the materials are the basis for considering the case in court. According to Part 2 of Article 187 of the Criminal Procedure Code of the Republic of Kazakhstan, a pre-trial investigation into the commission of an act provided for in Part 2 of Article 293 of the Criminal Code of the Republic of Kazakhstan is conducted by investigators of internal affairs bodies and is mandatory, since it is not listed in Article 191 of the Criminal Code of the Republic of Kazakhstan. This circumstance indicates that the body has allowed a pre-trial investigation of violations of the Law. It should also be noted that in violation of Part 8 of art. 45 of the Criminal Procedure Code of the Republic of Kazakhstan, I was not notified in writing in a timely manner about the interruption of the pre-trial investigation and learned about the procedural decision in the criminal case only ___ days ago, that is, more than six months later (the deadline should be no later than one year from the date of the decision) from the date of the decision, as evidenced by my receipt, where the date of familiarization with the resolution is indicated / the stamp from the envelope sent by mail is indicated. By me "___" _______ 201__ G. a complaint was filed with the prosecutor's office of the ________ district of the city ________________, however, I did not receive a response to the complaint (however, 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 if the pre-trial investigation is interrupted at the location of the body conducting the criminal process within 15 days from the day of familiarization with the decision with which the person does not agree. Since, in accordance with Part 2 of Article 56 of the Criminal Procedure Code of the Republic of Kazakhstan, it is mandatory to review complaints against the actions and decisions of the investigator, and it is also necessary to investigate the circumstances relevant to making a lawful and reasonable decision, I ask the investigating judge to consider the complaint within ten days in a closed court session with my participation. Based on the above, in accordance with Articles 53, 54, 55, Part 6 of Articles 56, 71, 106 of the Criminal Procedure Code of the Republic of Kazakhstan, I request:

Investigator's decision ______________( FULL name) about the interruption of the pre-trial investigation period from "___" _______ 201__ d. to cancel as unlawfully imposed and oblige to eliminate the violation by sending the materials of the criminal case for additional investigation.

To issue a private resolution to the pre-trial investigation body in connection with the admission of violations of the Law by the pre-trial investigation body.

Appendix: a copy of the appealed decision. ________________ FULL NAME, ____________ signature, "____"______________201___ G.

(Submit one copy of the application through the office of the institution, and keep the other with a stamp or registration certificate.)

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