Complaint against the decision to authorize the chosen preventive measure in the form of detention

 

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 5085; +7 700 978 50 85, +7 708 578 5758.

In the interests of: ......Nauan Yerlanuly, born on 04/06/1996

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 a suspect .....N.E., 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, as well as continue criminal activities. On October 01, 2021 .......N.E., in accordance with Article 128 of the CPC, was detained at 20 hours 40 minutes. By the investigator's decree of October 02, 2021, the acts of ......N.E. 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, A.M. Babatov, a decision was made: The investigator's petition to authorize the chosen preventive measure in the form of detention in respect of the suspect........ Nahuan Yerlanuly - to satisfy. To authorize the chosen measure of restraint in the form of detention in relation to the suspect ...Nahuan Yerlanuly for a period of 2 (two) months, which runs from October 01, 2021, 20 hours 40 minutes to December 01, 2021, 20 hours 40 minutes, inclusive. 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 ......Nahuan Yerlanuly has no previous convictions, has not been brought to criminal responsibility, has a permanent place of residence, and his identity has been established.

Complaint against the decision to authorize the chosen preventive measure in the form of detention

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. 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 of October 4, 2021 of the investigating judge of the specialized interdistrict investigative court of Nur-Sultan Babatov A.M.

Apply to ........Nahuan Yerlan introduced 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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