Complaint against the decision to reject the application for recognition of a close relative as a defender

 

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To the investigating judge_________________ to the city district court________________________

(the court at the place of the pre-trial investigation)

address:_________________________ from a witness, a suspect who has the right to defend himself,

the accused, the defendant, or the defendant _______________________,

(Your name and date of birth) No. in the criminal case ________________________

resident / detained in the institution____________ at the address: _______________________________

(address, house and mobile phone number;

if you have been deprived of your liberty, then the address of the institution, the camera number)

 

 complaint

The actions of the inquirer/investigator (the decision to recognize the defender as a close relative, the refusal to satisfy a request for refusal to send a lawyer, threats of arrest in case of failure to appear for questioning at the National Security Committee/Ministry of Internal Affairs, coercion of the lawyer to refuse, refusal to give meetings) are contained in the proceedings of the investigator/inquirer _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________________________ ( Full name is indicated. O., the title of the investigator/inquirer and the body of the pre-trial investigation)__________________________________________ ( Specify the article of the Criminal Code of the Republic of Kazakhstan, in the decision on the qualification of the act) during the pre-trial investigation, "____" ______ 201__ G. I submitted a written application for recognition of my spouse as a defender in accordance with Part 2 of Articles 66 and 99 of the Criminal Procedure Code of the Republic of Kazakhstan. "___" ______ 201__ G. investigator / inquirer __________( FULL NAME) issued an unjustified decision to refuse to satisfy the application submitted by me. The CPC RK 66, if a professional lawyer participates in it as a defender, provides for the right to defend his close relative - a suspect, accused, defendant, witness with the right to defend the defendant / CPC RK, who refused to allow my lawyer (lawyer's full name) to participate in the investigative action in violation of paragraph 3 of part 2 of Article 70, where is the right of the defender to participate in all procedural actions conducted with the participation of his defender/ threatened my name in case of non-appearance at the National Security Committee/The Ministry of Internal Affairs for questioning in violation of the article. In violation of part 1 of Article 1569 of the Criminal Procedure Code of the Republic of Kazakhstan, which obliges the body conducting the criminal process to protect the rights and freedoms of citizens participating in the criminal process, create conditions for their implementation, and take timely measures to meet the legitimate demands of participants in the criminal process, I was forced to write a waiver from the defense attorney, since the initiative to the refusal comes from the witness himself, the suspect, the accused, the defendant, from whom the defense attorney has the right to direct protection, from the convicted person / refused to meet with my defense attorney, contrary to paragraph Part 1, Part 2, Article 69 of the Code of Criminal Procedure of the Republic of Kazakhstan-violation of the norms of the Code of Criminal Procedure of the Republic of Kazakhstan.

Complaint against the decision to reject the application for recognition of a close relative as a defender

By resolution / by these actions _____________ ( Full name, rank of investigator) "___"_________ 201__ G. I do not agree and consider the decision / actions illegal on the following grounds: in accordance with Article 14 13 The CPC prohibits in criminal proceedings decisions and actions that degrade the honor or dignity of a person participating in criminal proceedings, to collect, use and disseminate information about personal life, as well as personal information that, in the opinion of a person, must be kept secret for purposes not provided for by the CPC RK is not allowed. As can be seen from the art. CPC RK 15. The body conducting criminal proceedings is obliged to protect the rights and freedoms of citizens involved in criminal proceedings, create conditions for their implementation, and take timely measures to meet the legitimate demands of participants in criminal proceedings. In criminal proceedings, the damage caused to a citizen as a result of violation of his rights and freedoms is subject to compensation on the grounds and in accordance with the procedure provided for by the CPC of the Republic of Kazakhstan. In accordance with article 26 of the Criminal Procedure Code of the Republic of Kazakhstan, the suspect and the accused have the right to defense. They can exercise this right either personally or with the help of a lawyer or legal representative in accordance with the procedure established by the CPC of the Republic of Kazakhstan. 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 harm the person who filed the complaint, or to file a complaint in his interests. I am "___" _______ 201__ The prosecutor's office received a complaint. _____________ cities ________________, however, he did not receive a response to the complaint (however, the prosecutor's office The CPC of the Republic of Kazakhstan has not seen any violations of the norms). According to section 1. 106 of the Criminal Procedure Code of the Republic of Kazakhstan, a person whose rights and freedoms are directly affected by actions (inaction) and decisions of the prosecutor, investigative and inquiry bodies has the right to file a lawsuit with the court for violation of the law if the pre-trial investigation is interrupted at the location of the body conducting the criminal process. This doesn't fit. Because according to section 2. 56 of the Criminal Procedure Code of the Republic of Kazakhstan is obliged to review complaints about the actions and decisions of the investigator, and it is also necessary to examine the circumstances relevant to making a lawful and reasonable decision, I ask the investigating judge to consider this complaint in a closed court session with my participation within ten days. Based on the above, I request in accordance with Articles 53, 54, 55 of the Criminal Procedure Code of the Republic of Kazakhstan, part 6 of Article 56:

Resolution/actions of the investigator/ inquirer___________( FULL name) on the refusal to satisfy the application for recognition of a close relative as a defender / on the refusal to grant permission to a lawyer/ on the threat of arrest / on coercion to refuse a lawyer in case of failure to appear for questioning at the National Security Committee/ Ministry of Internal Affairs / from providing a meeting refusal is to recognize as illegal and oblige to eliminate the violation.

To issue a separate resolution addressed to the pre-trial investigation body in connection with the admission of violations of the law by the pre-trial investigation body."

Additionally: copies of the statement and the appealed decision / lawyer's complaint about not leaving /a copy of the testimony of witnesses who heard threats of arrest if the KNB/ Interior Ministry did not appear for questioning / testimony of witnesses who heard that the investigator (inquirer) forced you to abandon the lawyer, or a copy of the emergency medical service call sheet (notification of the time of arrival of the ambulance) / the date of the complaint about the refusal of extradition (or an indication of the date of issue, indicating the surname and initials of the person who issued it).

________________ FULL NAME, ____________ signature, "____"______________201___ G.

(Submit one copy of the application through the office, keep the other with the registration stamp or coupon). (If you have been sentenced to prison, write down the outgoing number and the date of your complaint.)

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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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