COMPLAINT ABOUT the decision to terminate the pre-trial investigation
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To the Prosecutor_____________ city district __________, ________________________ ( Full name and class rank of justice)
_________________________________________ (address of the city district Prosecutor's Office)
from the victim _______________________, ( Your full name and date of birth)
in a criminal case № ________________________, ( number of the criminal case)
who lives at: ________________________________, ( address, home and mobile phone number)
complaint
On the decision to terminate 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 my beating, which took place "___" ___________201__ G. at ____ hours at the address: ____________________________________ ( the address of the place of beating) According to the results of the pre-trial investigation by the investigator ____________________ ( Investigator's full name) "___"___________201__ G. A decision was issued to terminate the pre-trial investigation against _____________________________________________________ (FULL name of the person suspected of committing the crime) with reference to paragraph 2 of Part 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan (for the absence of elements of a criminal offense in the act).
COMPLAINT ABOUT the decision to terminate the pre-trial investigation
With the decision to terminate the pre-trial investigation, the investigator ___________________ from (full name, title of investigator/inquirer and pre-trial investigation body) "___"_______ 201__ G. I disagree on the following Grounds: According to Part 1 of Article 288 of the Criminal Procedure Code of the Republic of Kazakhstan, a reasoned decision is issued to terminate the pre-trial investigation. However, the results of the preliminary investigation are not reported in the decision to terminate the pre-trial investigation, which indicates the lack of motivation, unreasonableness and illegality of the final decision on the criminal case taken by the body conducting the criminal process. Thus, according to the results of the preliminary investigation, it was established that as a result of the actions __________________________ I suffered serious harm to my health (specify the name of the person you suspect) intentionally, which is confirmed by the nature of the injuries caused. In accordance with the conclusions of the experts _____________________________ The bodily (number and date of the start of the examination) injuries were inflicted on vital organs., ______________ the first (full NAME of the suspect) struck me among other suspects in this criminal case. In addition, the conclusions of the experts and the circumstances indicated by me are confirmed by the testimony of the witness. ________________________________________ ( Full name of the witness, literally his testimony in quotes) In accordance with Part 4 of art . 288 of the CPC RK, the operative part of the resolution sets out the decision to terminate the case with reference to Article (part, paragraph) 5 of this Code, which served as the basis for the termination of the pre-trial investigation.
An investigator ____________________________________ as a basis for (full name, title of investigator/ inquirer and pre-trial investigation body) termination of the pre-trial investigation in the resolution from "___" ______201__ G. the absence of corpus delicti is indicated, that is, paragraph 2 of Part 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan. As follows from Part 2 of art. and 35 of the CPC RK, the proceedings are terminated on the grounds provided for in paragraphs 1) and 2) of h. 1 of this article, both if the absence of the event of a criminal offense or the composition of a criminal offense is proven, and if their presence is not proven, if all possibilities for collecting additional evidence have been exhausted. However, the investigator in the resolution from "___" _______ 201__ It is not indicated whether he considers the elements of a criminal offense to be unproven, or believes that their existence has not been proven if all possibilities for collecting additional evidence have been exhausted. It should also be noted that contrary to Part 1 of art. 289 of the Criminal Procedure Code of the Republic of Kazakhstan, I was not notified in writing about the termination and grounds for termination of the criminal case. Based on the above, in accordance with Articles 71, 104, 105, 193 and 290 of the Criminal Procedure Code of the Republic of Kazakhstan,
ask:
1. Resolution of the investigator ________ on termination of the pre-trial investigation (full name and body of the pre-trial investigation) from "___" _______ 201__ d. to cancel as having been rendered unlawfully, and to send the materials of the criminal case for additional investigation.
Take appropriate prosecutorial response measures and give instructions to the pre-trial investigation body.
Appendix: a copy of the appealed decision. ________________ FULL NAME, ____________ signature and "____"______________201___ G.
(Submit one copy of the application through the office of the institution, and keep the other with a stamp or registration certificate.)
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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