Complaint against the decision of the investigative court
Claim
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 ...... J., which is motivated by the fact that he is suspected of committing a serious criminal offense, may obstruct and escape from the investigation and court, and will continue criminal activities. On October 01, 2021 ....... Zh. was detained in accordance with Article 128 of the CPC. By resolution of the investigator dated October 02, 2021, the acts of ........ J. They are qualified under Articles 262 part 2, 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. On 04.10.2021, by a decision of the investigating judge of the specialized interdistrict investigative court of Nur-Sultan, it was decided: To grant the investigator's request for authorization of the chosen preventive measure in the form of detention in respect of the suspect ...... Zh. To authorize the chosen measure of restraint in the form of detention in respect of the suspect ..... ... . . . ...... for a period of 2 (two) months, which runs from October 01, 2021 to December 01, 2021, inclusive.
Complaint against the decision of the investigative court
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 defendant has no previous criminal record, has not been brought to criminal responsibility, has a permanent place of residence, and his identity has been established. Also, the actions of the defendant are not objectively qualified. There are grounds for the release of the defendant, suspicion of committing a criminal offense has not been confirmed, there are no grounds for applying a preventive measure in the form of detention to the detainees, the detention was carried out in significant violation of the requirements of Article 131 of the Criminal Procedure Code of the Republic of Kazakhstan, that is, during the arrests, a lawyer was not invited, relatives were not informed, they were not given the opportunity to call a lawyer and relatives, and there are no 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 inform the suspect's relatives of the fact of his detention and location, illegal refusal to provide information about the place of detention of a person to 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 decision of the investigative court
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. Based on the above and guided by art. 147 of the Criminal Procedure Code of the Republic of Kazakhstan, I ask the court to cancel the court's decision dated October 4, 2021 of the investigating judge of the specialized interdistrict investigative court of Nur-Sultan.
Apply to .....G. a less strict measure of restraint (recognizance, house arrest) not related to isolation from society.
Sincerely, defender:_________/Sarzhanov G.T. "___"___________2021 G.
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