Complaint about violation of the Law during the forensic philological and linguistic examination
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the investigating judge_________________ district court of the city________________________
(the court at the place of conducting the pre-trial investigation)
address:_________________________ from the victim, a witness with the right to defense,
the suspect, the accused _______________________,
(Your full name and date of birth) in criminal case no. ________________________
(specify the number of the criminal case) residing/being held in the institution____________
at the address: _______________________________ ( Your address, home and mobile phone number
(if you are deprived of liberty, only the address of the institution, the cell number)
complaint
Complaint under article 106 of the Criminal Procedure Code of the Republic of Kazakhstan for violation of the Law during the forensic/philological-linguistic examination
In the production of the investigator/inquirer _____________________________________ ( specify the full name, title of the investigator / inquirer and the body of the pre-trial investigation) there are materials of the criminal case on the fact__________________________________________ ( article of the Criminal Code of the Republic of Kazakhstan, specified in the resolution on the qualification of the act) "___" ______ 201__ G. investigator/inquirer ___________________________ ( Full name, title of the investigator/inquirer and the pre-trial investigation body) issued an unjustified decision on the appointment of a judicial-medical/philological linguistic expertise. With the resolution ____________________________________ on the appointment of a forensic (specify full name, title of investigator/inquirer and pre-trial investigation body) medical/philological and linguistic expertise from "___"_________ 201__ G. I do not agree and consider the conclusion illegal, on the following grounds: In violation of art. 271 of the CPC of the Republic of Kazakhstan, the examination was not assigned to an expert with special scientific knowledge, since the qualification certificate (full name of the expert) is missing from the State Register of Judicial Experts of the Republic of Kazakhstan, which means that this expert did not have the right to conduct (specify the type, forensic, philological/ linguistic, etc.) examination.
Complaint about violation of the Law during the forensic philological and linguistic examination
As an investigator/inquirer _______________________________ The experts (to indicate the full name, the title of the investigator / inquirer and the body of the pre-trial investigation) were asked questions outside their competence. Experts who carried out (forensic, philological and linguistic expertise) they independently changed the wording of the questions put to them. The lack of a synthesizing part of the conducted research suggests that the expert opinion is not scientifically sound, conducted superficially, incompletely, and not by an expert. Contrary to part 1 of art . 272 of the CPC of the Republic of Kazakhstan, recognizing the need to appoint a forensic examination, the body conducting the criminal process, the investigating judge (full name and position of the person who issued the decision on the appointment of the examination) issued a resolution on this, but did not specify in the resolution: the name of the body that appointed the examination, the time, place of appointment of the examination; type of examination; grounds for appointment of the examination; objects sent for examination and information about their origin, as well as permission for the possible complete or partial destruction of these objects, changing their appearance or basic properties during the study; the name of the forensic examination body and (or) the surname, first name, patronymic (if any) of the person charged with conducting the forensic examination.
Contrary to h. h. 4 and 5 art. 272 CPC RK the person who appointed the examination did not familiarize the suspect, the accused, his defender, the victim, his representative, as well as the witness undergoing the examination, his legal representative, with the decision on the appointment of a forensic examination, and did not explain to them the rights provided for in art.274 CPC RK, which is confirmed by the absence of a protocol signed by the person who appointed the examination, and by persons who were acquainted with the resolution/ or the protocol on familiarization with the resolution on the appointment of an expert examination was signed after a considerable time from the date of appointment of the expert examination, In this regard, the defense party (the injured party) was unable to obtain the appointment of a different type of expert examination by the body conducting the criminal process, stating the issues on which, in their opinion, an expert opinion should be given, indicating the objects of the study, as well as persons who could participate as an expert before the examination. As follows from art . 15 of the CPC of the Republic of Kazakhstan, the body conducting criminal proceedings, is obliged to protect the rights and freedoms of citizens participating in criminal proceedings, create conditions for their implementation, and take timely measures to meet the legitimate demands of participants in criminal proceedings. The damage caused to a citizen as a result of violation of his rights and freedoms during criminal proceedings is subject to compensation on the grounds and in accordance with the procedure provided for by the CPC of the Republic of Kazakhstan. In art . 24 of the CPC of the Republic of Kazakhstan defines that the court, prosecutor, investigator, inquirer are obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case.
Complaint about violation of the Law during the forensic philological and linguistic examination
Article 31 of the CPC of the Republic of Kazakhstan proclaims the freedom to appeal against the actions and decisions of the criminal prosecution body. In addition, it is not allowed to file a complaint to the detriment of the person who filed the complaint or in whose interests it was filed. According to clauses 1 and 2 of Article 12 of the Constitution, human rights and freedoms are recognized and guaranteed in the Republic of Kazakhstan, human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and determine the content and application of laws. By me "___" _______ 201__ G. A complaint was filed with the prosecutor's office. _____________ cities ________________, 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 when making a decision (on the appointment of an expert examination) at the location of the body conducting the criminal process within fifteen days. from the date 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, 23 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 31, 53, 54, 55, Part 6 of Articles 56, 64, 65, 78 and 100, 101, 106 of the Criminal Procedure Code of the Republic of Kazakhstan, I request:
Resolution/Actions of the investigator/inquirer__________________________ about (FULL name of the investigator and the pre-trial investigation body) appointment/conduct/ commission/ comprehensive/additional/re-examination from __________201__ - to recognize as illegal and oblige the body conducting the criminal process to eliminate the violation.
To issue a private resolution to the pre-trial investigation body in connection with the admission of violations of the Law. Appendix: a copy of the appealed decision submitted by the defense party/ the injured party of the petition (if any).
________________ 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.) (Write down the outgoing number and the date of the complaint if you are incarcerated).
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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