Complaint against the court's decision not to apply a less severe measure of restraint (house arrest) not related to isolation from society
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To the Criminal Appeals Board of the Nur-Sultan City Court
36 Sauran St., 0101@sud, Nur-Sultan, 010000.kz
Defender: Sarzhanov Galymzhan Turlybekovich Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 50 85; +7 700 978 50 85, +7 708 578 5758.
In the interests of: ........ Bazarkhan Yelmuratovna, born on 11/20/1977.
Claim
(based on the court's decision of October 4, 2021 in accordance with Article 107 of the Criminal Procedure Code of the Republic of Kazakhstan)
On October 04, 2021, the investigative court received a petition from investigator DP G.Nur-Sultan on the authorization of the chosen preventive measure in the form of detention in respect of the suspect ...... B.E., which is motivated by the fact that she is suspected of committing a serious criminal offense, may obstruct and escape from the investigation and court, as well as continue criminal activities. On October 01, 2021 ........ B.E. was detained in accordance with Article 128 of the CPC. By the investigator's decree of October 02, 2021, the acts of ........ B.E. were qualified under Articles 262, Part 1, 309, Part 3 of the Criminal Code. This petition was supported by the prosecutor of the Almaty district of Nur-Sultan and sent to the court with the attached materials on October 04, 2021.
Complaint against the court's decision not to apply a less severe measure of restraint (house arrest) not related to isolation from society
On 04.10.2021, by a decision of the investigating judge of the specialized interdistrict investigative court of Nur-Sultan, T. Kopbosynov, it was decided: to authorize the use of a preventive measure in the form of detention against BEKNIYAZOVA BAZARKHAN ELMURATOVA for a period of 2 (two) months, that is, from October 1, 2021, 23 hours 16 minutes to December 1, 2021, 23 hours 16 minutes. Dear Court, We do not agree with the applied measure of suppression in the relationship of my client, as there is no reason to detain the client. The client ........... B. E. She has no previous criminal record, has not been brought to criminal responsibility, has a permanent place of residence, her identity has been established, there is no intention to hide from criminal prosecution or court authorities, or to obstruct an objective investigation of the case or its trial in court. In addition, .......... B. has 4 dependent children. At the time of her arrest, she underwent a very complicated operation, and detention may complicate her health and may lead to a complication of her health or even the death of her client. And also, art. 309 h. 3 of the Criminal Code of the Republic of Kazakhstan absorbs art.262 part 1 of the Criminal Code of the Republic of Kazakhstan, the actions of the defendant are not objectively qualified. The criminal prosecution body specifically qualified the acts .......... according to the more serious articles of Articles 262 part 1, 309 part3 of the Criminal Code of the Republic of Kazakhstan to arrest the defendant. The defendant's guilt was not properly considered, the suspicion of committing a criminal offense was not confirmed, indirect, there were no grounds for applying a preventive measure in the form of detention to the detainee, the detention was carried out with significant violations of the requirements of Article 131 of the Criminal Procedure Code of the Republic of Kazakhstan, that is, after the arrest they did not provide a defender, did not inform relatives, there was no direct evidence that There could be legitimate grounds for detention. This fact contradicts Part 4 of Article 414 of the Criminal Code of the Republic of Kazakhstan (Knowingly illegal detention, detention or detention). Deliberate failure to notify the suspect's relatives of the fact of his detention and location, unlawful refusal to provide information about the place of detention to a person, a citizen who has the right to receive such information, as well as falsification of the time of drawing up the protocol of detention or the time of actual detention.
Complaint against the court's decision not to apply a less severe measure of restraint (house arrest) not related to isolation from society
According to Part 2 of Article 138 of the Criminal Procedure Code of the Republic of Kazakhstan (Circumstances taken into account when choosing a preventive measure and establishing additional restrictions) In the absence of the grounds listed in Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan (the defendant does not intend to hide from the criminal prosecution authorities or the court, or they will prevent an objective investigation of the case or its trial in court), the severity of the crime committed cannot be the only reason for choosing a preventive measure in the form of detention. The defendant is a citizen of the Republic of Uzbekistan and the Consulate of the Republic of Uzbekistan has not been notified of the latter's detention. Which contradicts Article 135 of the Criminal Procedure Code of the Republic of Kazakhstan. However, the judge did not take this fact into account during the trial. According to art.136 part 1-1 of the Criminal Procedure Code of the Republic of Kazakhstan. When choosing a preventive measure against a suspect or accused, it is necessary to consider the possibility of applying a less severe preventive measure, if any. On the grounds of the above and guided by Article 147 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask the court
To cancel the court decision of October 4, 2021 of the investigating judge of the specialized interdistrict investigative court of Nur-Sultan Kopbosynova T.
Apply to ...... B.E. a less strict measure of restraint (recognizance, house arrest) not related to isolation from society.
Sincerely, defender: _________/Sarzhanov G.T. "___"___________2021 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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