Complaint to the Criminal Appeals Board / Bail, undertaking not to leave, house arrest not related to isolation from society
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To the Criminal Appeals Board of the Almaty City Court of Almaty,
050000, Kazybek Bi Street, 66. 0201@sud.kz
from: Defender-lawyer Galymzhan Turlybekovich Sarzhanov, Law and Law Law Firm
BIN 201240021767 Almaty, 79/71 Abylai Khan Ave., office 304. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758. In the interests of the suspect: To A. T. born on 05/26/1977
Claim
based on the court's decision of July 8, 2022 (in accordance with Article 107 of the Criminal Procedure Code of the Republic of Kazakhstan)
On July 8, 2022, the investigating judge of the Specialized Interdistrict Investigative Court of Almaty, E.K. Karibayev, with the participation of Prosecutor A. Palmanov, lawyer G. Sarzhanov, considered in open court through the VKS the petition of the head of the ICOG, Deputy Head of the Special Prosecutors Service of the General Prosecutor's Office of the Republic of Kazakhstan Sagiev E., agreed by the Deputy Prosecutor of Almaty, N. Auganbaev, to authorize the extension of the term detention for up to 4 months in respect of: K.A.T., 26.06.1977. The court substantiated its arguments that the suspicion of K.A. the suspicion of committing a criminal offense under the specified circumstances is justified. The investigating judge, without prejudging the question of the suspect's guilt and evaluating the evidence, established that there had been an event of a criminal offense, there was sufficient data indicating the presence of signs of a criminal offense, the likelihood of a criminal offense by the suspect. There are no grounds for canceling the preventive measure or changing it to another measure of restraint not related to detention, since the circumstances that served as the basis for choosing the preventive measure have not changed, and guided by Articles 55-56, 151-152 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigating judge ruled: The head's petition must be satisfied. To authorize the extension of the period of detention of the suspect K.A.T. to 4 months, that is, until 08/09/2022 at 16.20 hours. To refuse to grant the defense's request to change the preventive measure against A. Kurdjieff to a less severe measure of restraint.
Complaint to the Criminal Appeals Board / Bail, undertaking not to leave, house arrest not related to isolation from society
Dear Court, we do not agree with the court's decision authorizing the extension of the period of detention of suspect K.A.T. to 4 months. In addition, we do not agree with the charges against my client, since there are no grounds for detention. On January 06, 2022, the Special Prosecutors Service launched a pre-trial investigation No. 220088011000003 on this fact under art. 255 part 4 of the Criminal Code of the Republic of Kazakhstan. (Act of terrorism) Thus, during the investigation of this criminal case, it was established that one of the persons involved in the mass riots is K.A.T., born on 05/26/1977, who was born on 04/09/2022. He was detained in accordance with Article 131 of the Criminal Procedure Code of the Republic of Kazakhstan and placed in an IVS in the city of Almaty. On 04/11/2022, the acts of the suspect K.A.T. were qualified under art.272 part 2 of the Criminal Code of the Republic of Kazakhstan. (Mass riots) The defendant, K.A.T., has no previous criminal record, has not been brought to criminal responsibility, has a permanent place of residence, and his identity has been established. Kurdjieff, A.T., does not intend to hide from the criminal prosecution authorities or the court, or to obstruct an objective investigation of the case or its trial in court. In addition, K.A.T., from a civil marriage with a spouse from K.Z.B. has 4 minor children, preschool and school age:
K.A.A. born on 16.10.2009;
K.A.A. born on 04/19/2013;
K.I.A. born on 26.10.2014;
K.A. born on 10.07.2020
And also, the actions of the defendant are not qualified correctly. There are grounds for exemption from criminal liability and further detention in accordance with Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, which stipulates that the proceedings are terminated on the grounds provided for in paragraphs 1) and 2) of part one of this Article, both if the absence of an event of a criminal offense or the composition of a criminal offense is proven, and if their presence is not proven, if all possibilities for collecting additional evidence have been exhausted. My client's guilt has not been confirmed, suspicion of committing a criminal offense, 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 they did not invite a defense lawyer, did not inform relatives, did not give an opportunity to call a lawyer, and there are no legitimate grounds for the relatives for detention. Article 19. The Code of Criminal Procedure of the Republic of Kazakhstan "Presumption of innocence" Everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for in this Code and established by a court verdict that has entered into legal force. No one has to prove their innocence. Irremediable doubts about the guilt of the suspect, the accused, the defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws should also be resolved in favor of the suspect, the accused, and the defendant. This is evidenced by the testimony of witnesses and victims that, in fact, my client helped employees from more serious damage from the maddened crowd who literally tortured law enforcement officers.
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. 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, provided for in art. 137, paragraph 1, paragraph 1.2.3.4.5.6. To date, my client's relatives, namely the sister of K. M. T.13.03.1975, are ready to pay bail in the form of monetary funds as collateral, as evidenced by her Statements to the court about her willingness to pay bail for her brother. In accordance with article 145. "Bail" of the Criminal Procedure Code of the Republic of Kazakhstan "Bail consists in depositing money by the suspect, the accused or another person into a court deposit to ensure that the suspect or the accused fulfills their duties to appear before the person conducting the pre-trial investigation, the prosecutor or the court upon their summons, as well as in order to prevent them from committing new intentional criminal offenses. Other valuables, movable and immovable property, which are subject to arrest, may be accepted as collateral.
Proving the value of the pledge and the absence of encumbrances are the responsibility of the pledgor. Article 147 of the Criminal Procedure Code of the Republic of Kazakhstan clearly stipulates that detention as a preventive measure is applied only with the approval of a judge and only in relation to a suspect, accused, or defendant in a crime for which the law provides for a penalty of imprisonment for a period of more than five years, if it is impossible to apply other, less stringent preventive measures. In exceptional cases, this preventive measure may be applied against a person suspected, accused, or accused of committing a crime for which the law provides for a penalty of up to five years' imprisonment if: 1) he does not have a permanent place of residence in the territory of the Republic of Kazakhstan; 2) his identity has not been established; 3) he violated a previously chosen preventive measure or a measure of procedural coercion; 4) he tried to escape or escaped from criminal prosecution or court; 5) he is suspected of committing a crime as part of an organized group or criminal community (criminal organization); 6) he has a criminal record for a previously committed serious or especially serious crime; 7) there is evidence of his continuing criminal activities.
Complaint to the Criminal Appeals Board / Bail, undertaking not to leave, house arrest not related to isolation from society
In accordance with Article 107 of the Criminal Procedure Code of the Republic of Kazakhstan, during a pre-trial investigation, a suspect, his defender, or a person whose rights and freedoms are directly affected by an act of the investigating judge, has the right to appeal the decision or sanction of the investigating judge. The decision of the investigating judge, made in accordance with the rules of this article, may be appealed to the regional and equivalent courts through the court whose investigating judge issued the decision within three days from the date of its announcement. On the grounds of the above and guided by Articles 107, 145 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask the court:
The resolution of the investigative court of the specialized interdistrict Investigative Court of Almaty dated March 27, 2022 – To cancel;
Apply a less strict measure of restraint (Bail, undertaking not to leave, house arrest) against the suspect K.A.T., which is not related to isolation from society.
Sincerely, defender: _____________/Sarzhanov G.T. "___"___________2022 G.
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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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