Complaint to the Judicial Board of Appeal for Criminal Cases of Almaty
The Appellate Judicial Board for criminal cases of Almaty
Almaty, 050000 Kazybek Bi str., 66.
0201@sud.kz
Convicted: D Kosaevna Radan
IIN 961220401499
Defender: Sarzhanov Galymzhan Turlybekovich
Legal office" law and law"
Bin 201240021767
050002, Almaty, Almaly district, abylai Khan Ave., 79/71, office 304.
info@zakonpravo.kz
www.zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 971 78 58.
Appeal
The verdict of the Auezovsky District Court of Almaty dated February 10, 2025
Dear appellate jury!!! We cannot fully agree with the verdict of the Auezovsky District Court of Almaty in relation to RA D Kosaevna (hereinafter referred to as the defendant) under my protection, given by paragraphs 1), 4), Part 3, Article 190 of the Criminal Code of the Republic of Kazakhstan.
Article 388 of the Criminal Code of the Republic of Kazakhstan: it is stated that the court's verdict must be legitimate and justified. If the verdict is made in compliance with all the requirements of the law and on the basis of the law, it is recognized as legal – we have no complaints about the legality of the court verdict.
However, as specified in Part 3 of this article, it is stated that if the sentence is made on the basis of a comprehensive and objective study of the evidence presented to the court at the court session, it is recognized as justified-but the decision of the court on the part of the defendant and his defenders, without evaluating the evidence presented to the court at the court session, it was an abuse of trust.
So, February 10, 2025 in the Auezovsky District Court of Almaty, with the participation of the arbitrator: judge Ashkeeva R. N., saduakasova A. N. to the secretariat, public prosecutors - prosecutors of the Department of the auezovsky District Prosecutor's office and victims, defendant D. K. Ra, his lawyer-lawyer G. T. Sarzhanov, using audio and video recording tools, in an open main trial, in a general manner:
D Kosaevna Ra, considering the electronic criminal case submitted to the court by paragraphs 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code of the Republic of Kazakhstan), guided by articles 387-390, 393, 395-398, 401-402, the court sentenced:
To recognize D. Kosaevna Rany guilty by paragraphs 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan, to sentence him to imprisonment for a period of 4 (four) years under this article.
Appoint serving sentences in moderately safe institutions of the Penal correction system.
The preventive measure of convicted D. K. Ra "detention under guard" should remain unchanged until the sentence enters into legal force.
In accordance with paragraph 2 of Part 3 of Article 62 of the criminal code, one day of detention of D. K. Ra from September 28, 2024 until the entry into force of the sentence shall be counted for the term of punishment with one and a half days of serving the sentence in moderately safe institutions of the Penal correction system.
The term of serving the sentence of D. K. Ra should be calculated from the date of entry into force of the sentence.
Victims A. S. S., Sh. A.Yu. have the right to recognize the rights to satisfy a civil claim and apply to a civil court on it.
Convicted D Kosaevna Radan victim-fee plaintiffs:
1. 5,600,000 tenge in favor of O. Nurdaulet Zhaksylykovich,
2. Nursultan Dauletuly T. 2 500 000 tenge,
3. Iskander Amirbekovich M. 2 000 000 tenge,
4. Moldir Torebekovna S. 2 000 000 tenge,
5. Tomiris Edigeevna B. 2 500 000 tenge,
6. Sabina Aidynovna S. 1,740,000 tenge,
7. Erke Yerkebulanovna B. 2 000 000 tenge,
8. Yerzhan Khanapiyayuly A. 2 500 000 tenge,
9. Muzaffar Abdulkuddosovich K. 2 000 000 tenge,
10. El'er Gairatovich I. 2,480,000 tenge,
11. Madibek Askhatovich Sh. 2 500 000 tenge,
12. Dinara Mukhamediyarovna A. 2 000 000 tenge,
13. Nurgul Berikovna T. 2 000 000 tenge,
14. Gulsalan Anasbaykyzy zh. 3 068 000 tenge,
15. Aruzhan Khairullakyzy A. 2 000 000 tenge,
16. Anelya Edilovna S. 2 000 000 tenge,
17. Saya Sabitovna A. 2 500 000 tenge,
18. Dana Konysbekovna R. 3,535,000 tenge,
19. Zhansaya Azatovna O. 2 500 000 tenge,
20. Saya Kalievna E. 3 200 000 tenge,
21. Balzhan Nurlanovna U. 3,000,000 tenge,
Full satisfaction of claims for a total amount of 53,623,000 tenge.
duty in favor of the state in the amount of 536,230 tenge,
collect a forced payment of 73,840 tenge to the Victims ' Compensation Fund.
Without challenging the qualification of the criminal offense against D. Ra, we believe that the court imposed too harsh a punishment on D. ra, as well as incorrect resolution of civil claims.
During the judicial investigation, the court reliably established the presence of other persons involved in this crime, which is confirmed by a private Court decision. In this regard, we believe that D. Ra alone should not be held financially responsible for the actions of other persons who used it as an instrument of crime and attracted it to the criminal sphere.
In the motivational part of its verdict, the court comes to the conclusion below:
"In the judicial investigation, it turned out that the defendant did not fulfill any obligations in this direction, although he knew that he did not want to transfer students from a paid Department to a free Department and enroll in residency, but with the help of persons separated from the investigation, he entered the trust of the victims and transferred them to a residency, a free Department.
In such a situation, it was found that the defendant, as soon as he received the money from the victims, had no intention of returning it, but only misled them by deceiving the money from the victims, using the abuse of trust.
At the same time, the arguments of the defendant, who showed that he did not intend to deceive the victims, are considered unfounded by the court, because the defendant did not have the opportunity to enroll students directly in a free Department or residency, returned the money given by the victims to the unregistered students of persons who were separated from other cases, deceived them,
The criminal actions of the defendant D. K. Ra are correctly ranked by paragraph 1,4 of Part 3 of Article 190 of the criminal code, since he committed a fraudulent crime by preliminary collusion of a group of people, repeatedly, in large quantities, embezzling, deceiving and abusing their beliefs, acquiring the right to other people's property.»
We cannot agree with the arguments of this court, since we believe that the court did not take into account the following circumstances:
So, as for the event, time, place of the criminal offense, its method, cause, consequences, damage, in 2022, the defendant met with a guy named Nursultan, for his part, his brother D Ubaydilla Makhambetovich, who works as vice-rector at Kaznmu, Tel. +7 701 531 12 68 I was introduced to U. M. D., who told me that I had the opportunity to gather students and bring them to the court.
Since that time, the defendant, through U. M. D, began collecting students for admission to the specialty of residency at Kaznmu, in addition to the amount provided by U. M. D., The defendant received a small percentage.
The defendant began to tell his fellow students after he had a desire to enter the specialty of residency at Kaznmu.
Then in 2022 - 9 out of 7 students:
1. Makshan Nurbolat-studying at the Faculty of Otolaryngology of Kaznmu;
2. Nurzhamal Abaykyzy-obstetrician-gynecologist of Kaznmu, studying at the Faculty of Gynecology;
3. studying at the Faculty of Aphthalmalology of Akmaral – Kaznmu;
4. ulzhalgas-Kaznmu is studying at the Faculty of Gastroenterology;
5. Akimbaeva A. B.-studying at the Faculty of Radiology of Kaznmu;
6. Gulnaz-kaznmu, Faculty of Radiology, Tel.: +7 707 690 97 74;
7.Zhuman Aidana - studying at the Faculty of Otolaryngology of Kaznmu Tel.: +7 702 643 2821;
8. Mayliev Adilet-studying at Kaznmu;
9.he is studying at the Faculty of Aphthalogy of Erbol – Kaznmu.
the state grant was received by U. M. D., and the names of 2 students who did not enter were returned in installments by U. M. D., whose names are not remembered by the defendant (full name or phone number, WhatsApp correspondence and information about funds are available on the smartphone of the defendant). After that, the defendant, who entered the trust of U. M. D.
In 2023, during an interview with the defendant, U. M. D., he said that he could drop 20-30 students to the defendant, and demanded that the defendant hand over the funds in cash.
The defendant sent the following students:
1. Asylkhan - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
2. Nazgul - (full name or phone number, WhatsApp correspondence and cash information are available on the defendant's smartphone);
3. Sardor - (full name or phone number, WhatsApp correspondence and cash information are available on the defendant's smartphone);
4. Olimjon - (full name or phone number, WhatsApp correspondence and cash information are available on the defendant's smartphone);
5. Bekzat - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
6. Yerzhan - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
7. Zhanbolat - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
8. Madina - (full name or phone number, WhatsApp correspondence and cash information are available on the defendant's smartphone);
9. Sabina - (full name or phone number, WhatsApp correspondence and cash information are available on the defendant's smartphone);
and other lists of students (full name or phone number, WhatsApp correspondence, and money information are available on the defendant's smartphone), and they took their lists to the University. The students constantly asked the defendant if he could shoot, but U. M. D. assured the defendant that he could shoot everything.
The funds received from the students were transferred in cash to the U. M. D. in various places by the defendant himself or through a Kasymkhan, for example: 3-4 times in a cafe opposite the Grand Park trading house, in the Gostinitsa Kazakhstan, Moscow trading house, and in Aksai 5, 25, 6 apartments, in a cafe on Zhandosov Street, etc.
"I don't know," he said, " but I don't know."
After the delay in the return time, after the students argued that they would raise a noise and enter the U. M. D. with a voice recorder, the defendant, defending U. M. D., borrowed the students ' money as much as possible, and then U. M. D., The defendant instructed to close the debt at the expense of other new students, and since then the defendant began to do the same.
Students who could not enroll in the above-mentioned resindentura began to enroll when an additional grant was allocated.
However, over time, the students who filmed U. M. D. began to demand a refund, saying that we ourselves did not help U. M. D.
During the preliminary investigation, U. M. D. gave a completely different and false answer to the investigation in order to cover up his crime, in which he said that he met the defendant only 2 times by chance and did not receive any funds, however, if we check the call information between the defendant and U. M. D. or the defendant's husband in a civil marriage, it is possible to identify at least 500 incoming and outgoing calls (Volume 13, page 79-83).
U. M. D. said that in November 2024, additional grants will be allocated and students will be able to apply for these grants if they wait. But the students did not agree to him and began to write a statement to the police asking for money.
"I don't know," he said, " but I don't know what you're talking about, and I don't know what you're talking about." If necessary, we can bring it to the attention of the court.
In 2023, after difficulties with the admission of students to the residency of Kaznmu, the defendant met Nargiza (an acquaintance of the defendant who worked in Oblzdrav in Almaty region (now located in Kunayev), K Aruzhan Sakenovna Tel: +7 778 683 57 36 he assured that he had acquaintances in Oblzdrav in Almaty region (now located in Kunayev) and in the admissions committee of the Kazakh-Russian Medical University (hereinafter - KRSU) and among the teachers who issue tickets.
Kaznmu-en sent the fallen students to the KR:
1. Akimbaeva a - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
2. Gulnaz - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
3. Zhansaya - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
4. Nurbol - (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
So A. S. K., who entered the trust of the defendant.
2 students who fell from the Faculty of Ophthalmology of kaznmu:
1. Olimjon – KRSU is studying at the 2nd year at the Faculty of Skoraya pom neotlozhka (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
2. Bekzod is studying in the 2nd year at the Faculty of Otolaryngology of Kaznmu (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
A. S. krsu received 2,500,000 tenge for admission to the grant for the specialty "Ambulance".
In 2023, A. S. krsu received 3 students for the specialty of Radiology
1. money issued by Karlygash in the amount of KZT 2,000,000 (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
2. Money issued by the court in the amount of KZT 2,000,000 (full name or phone number, WhatsApp correspondence and information about funds are available on the smartphone of the court);
3.money issued by Justice in the amount of KZT 2,000,000 (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone).
"I'm sorry," he said.
However, A. S. K:
Nazgul-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
Yerzhan - I don't remember the money he gave (full name or phone number, WhatsApp correspondence and information about the funds are available on the defendant's smartphone).
he wanted to get rid of the extra grant, but he didn't give the money.
A. S. K., who did not return the funds of the students named Nazgul and Yerzhan, the right defendant returned the funds to them by transferring them from the funds of other students out of his own pocket.
A. S. K. assured that he could shoot students in 2024, but he could not shoot students.
A. S. K. assured the students that a place would be allocated.
A. S. K. received funds in 2023-2024 through the applications of Kaspi, Halyk banks and in cash.
During the investigation, K Aruzhan replied that he did not meet with the defendant and Ashilov Kasymkhan at all in 2024, and lied that the defendant gave him 8,400,000 tons in cash, and gave a false answer to the investigation (volume 13, page 90-111).
The defendant gave K Aruzhan 3,200,000 tenge in 2023, 8,400,000 tenge in 2024, including 11,600,000 tenge in two years.
In addition, A. S. K.'s answer during the preliminary investigation is absurd because he wrote that he met with the defendant only once and transferred funds with the defendant to buy perfume water from him. In fact, the defendant did not buy any perfume water from him. A. S. K. falsely responded to the investigation in order to cover up his criminal activities.
The defendant's smartphone contains all the necessary information about WhatsApp correspondence and cash. If necessary, we can bring it to the attention of the court.
In 2023, the defendant met a girl named A. N. Asylkhanovna (volume 13, 146 pages of the case), who, for her part, said that she wanted to become a graduate of Kaznmu, and then A. N. asked me if it would be a discount if she brought other students to kaznmu, and wanted to get her share of the funds.
The request of A. A. was delivered by the defendant to U. M. D. and he did not object, so the defendant began to work with N. A. Aova.
N. A. Aova was actually enrolled in U. M. D., but N. A. Aova was unable to enroll due to her negligence without writing a timely statement.
However, N. A. Aova began to collect students further.:
1. Zhumash-3,000,000 tenge of money (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
2. Jamilya-2,000,000 tenge of money (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
3. money issued by the Sultan-KZT 2,000,000 (full name or phone number, WhatsApp correspondence and information about funds are available on the smartphone of the court);
and I don't remember the money that other students had and gave (full name or phone number, WhatsApp correspondence and cash information are available on the defendant's smartphone);
About 20,000,000 tenge was collected from these students, and they were transferred to the U. M. DKA in cash.
Since U. M. D was unable to enroll the above students and U. M. D did not return the money, the defendant agreed with him that he was returning the funds to students who were unable to enroll at the expense of subsequent students.
The defendant's smartphone contains all the necessary information about WhatsApp correspondence and cash. If necessary, we can bring it to the attention of the court.
In 2024, he met the defendant, n Dauletkhan (volume 13, page 112-146), with whom the defendant was introduced by a girl named Nazgul Asylkhanovna, a witness in the case. N. D. assured that he would be able to apply for a grant for residency, 1st year, get a score on a comprehensive test.
So, D. N. was awarded the funds of the following students:
1. Balkia-money issued in the amount of KZT 2,600,000 (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
2. Nurdaulet-money issued in the amount of KZT 2,600,000 (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
3. Aruzhan No. a-1,200,000 tenge of money (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
4. A No no Saya-1,000,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
5. p№№ - money issued in the amount of KZT 1,300,000 (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
6.E # # Saya - 1,300,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone).
However, all the words that D. preached turned out to be lies. The people received money in cash, through the Bank, many times they met and convinced them of lies, sometimes they did not take the phone, and A. Kasymkhan went to work and received information.
D. N. actually only partially returned the students ' money. His response at the time of the preliminary investigation was false and absurd, and he had evidence of the defendant's full refund.
During the trial, the witness told the court that D. N was going to withdraw funds for the admission of students and 100,000 tenge for his labor.
Dear court, the answer given by the witness D. N. can be calculated as evidence of the defendant's arguments given above.
At the same time, we believe that in the actions of the witness D. N., through Article 24 of the Criminal Code of the Republic of Kazakhstan, Article 190 of the Criminal Code, there is a corpus delicti for preparing for a crime and attempting to commit a crime and the possibility of bringing to justice.
D. N:
Balkia-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on the defendant's smartphone);
Nurdaulet-I do not remember the money he gave (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone).
and I forgot other names, and I took the money to shoot the students. There's everything, skrin. During the investigation, he confused the investigation by lying and giving false answers. When billing, detailing is done, everything is visible.
To Dauletkhan, the defendant transferred 8,500,000 tenge through various bank applications, and delivered 6,000,000 tenge in cash. However, D. N.'s answer that he received only 5,500,000 tenge in the case and returned it is false.
The defendant's smartphone contains all the necessary information about WhatsApp correspondence and cash. If necessary, we can bring it to the attention of the court.
"I don't know," he said, " but I don't know."
The defendant received from each student only the share that belonged to him, and at the very back he returned only money, regardless of anything. "I don't know," he said.
All the time he accompanied the students on the filming of Kaznmu, KRSU, constantly telling the students the information they received by contacting K Aruzhan, Ubaydilla D, N Dauletkhan.
Dear court! The defendant, for his part, fully admits the crime committed and apologizes to all the victims. The reason: he helped enroll illegal students. However, cheating students, making money fraudulently was not in the game.
The defendant was admitted to Kaznmu with the intention of becoming a good doctor. "I don't know," he said. Not looking for students himself, they often came through the students who had fallen.
Students of ubaydilla D, K Aruzhan, N Dauletkhan:
1. graduated from Ulzhalgas – Kaznmu at the Faculty of Otorhalingology in 2024;
2. Olzhas is studying at the 1st Year of the Faculty of Neurosurgery of Kaznmu (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
3. Karlygash is studying in the 1st year at the Faculty of Cardiac Surgery of KRSU (full name or phone number, WhatsApp correspondence and information about cash funds are available on the defendant's smartphone);
4. alarm-1st Year of study at the Faculty of Ophthalmology of KRSU (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone);
5.studying at the Faculty of radiology of Justice - KRSU in the 1st year (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone).
and there are many more that I do not remember the defendant now. The defendant's smartphone contains all the necessary information about WhatsApp correspondence and cash. If necessary, we can bring it to the attention of the court.
According to the opinion of the court on the motivational part of the verdict: "in addition, during the study of the case documents, employees working in the lottery clubs "Lotto club" D. K. Ra received 45,597,000 tenge to the account of H. Gasanova from September 1, 2023 to January 5, 2024, from September 28 to November 19, 2023 to the account of M. Ibadullayeva-1,980,000 tenge, from August 13 to September 23, 2024 during the year, 18,445,000 tenge was transferred to aukenova's account from the Caspian Gold account of D. K. Ra, this is determined by D. K. Ra's excerpts from the Caspian gold from September 1, 2023 to October 11, 2024. (Pack 12, Case page 24-163).
Also, from October 29, 2023 to September 24, 2024, D. K. Ra issued a total of 47,686,000 tenge to Lotto Club lottery clubs, which is fully determined by the documents issued by Lotto Club. (Package 14, Case page 31-48)" we believe that the court's argument is unfounded.
It is clearly seen in the position of the defense and the defendant that D. Ra, convicted under these 24 scenes, returned all the funds on bank bills contained in the materials of the criminal case to students who did not receive them on behalf of D.
16.01.2025 in connection with the disclosure of their criminal actions against the following Citizens recognized in the case: Ubaydilla DKA, K Aruzhan, N Dauletkhan, the defendant sent a petition to the court and the prosecutor's Office on the conclusion of a procedural agreement on recognition of guilt and cooperation in the criminal case.
In this petition and in the materials submitted to the court by the defense, the witnesses presented to Ubaydilla DKA, K Aruzhan, N Dauletkhan evidence that determines their involvement in this criminal case.
However, during the court session, the witnesses stated that there was a corpus delicti in the actions of Ubaydilla DKA, K Aruzhan, N Dauletkhan, and by issuing a separate decision, we consider the argument that the convicted Ra embezzled all funds unfounded.
As for the civil claims of victims in the case, in accordance with Part 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, "a person whose right has been violated may demand full compensation for the damage caused to him, unless otherwise provided by legislative acts or the contract.
Article 166 of the Criminal Procedure Code of the Republic of Kazakhstan considers civil claims of individuals and legal entities in criminal proceedings for compensation for property and moral damage caused by a direct criminal offense, socially dangerous actions of a person, as well as for compensation for expenses incurred in connection with the investigation, preliminary investigation and participation in the court, in addition to the costs of representation.
167 of the Criminal Procedure Code of the Republic of Kazakhstan, a civil claim may be filed by a person or his representative who has caused direct property or moral damage by a criminal offense, a criminally punishable act from the beginning of the pre-trial investigation until the end of the judicial investigation.
The person who filed a civil claim is called a civil plaintiff, and the person to whom the claim is filed is called a civil defendant. These persons exercise procedural rights in the course of proceedings in a criminal case and bear procedural obligations established by this code for a civil plaintiff and, accordingly, a civil defendant.
A civil claim is filed in writing or in the form of an electronic document in accordance with the requirements for claims considered in the order of civil proceedings.
Thus, the true perpetrators of this crime are fleeing from responsibility. We believe that this criminal case is subject to return to the prosecutor in connection with its incompleteness and the presence of significant violations of the requirements of the Criminal Procedure Code of the Republic of Kazakhstan, which prevented a fully objective consideration of the criminal case.
As for the civil claims filed by the victims, the court also reliably established that the convicted D. Ra transferred the victims ' funds to the bank accounts of other persons or gave them cash. The main beneficiaries of criminal acts escaped responsibility.
Thus, civil claims should have been left unattended, since the indictment also clearly states other persons, who, in our opinion, should also be civil defendants.
In this regard, the court did not take into account why Prosecutor D. Ra was accused of conspiracy by a group of people in advance. Why he should take material responsibility for the actions of other people, it is not clear to us. Thus, we consider it necessary to leave civil claims unattended.
In addition, we believe that during the trial, the court violated the procedure for considering civil claims. Although copies of the claims of the convicted D. Ra victim - civil plaintiffs were provided, the rights of the civil defendant to D. Ra were not explained. Thus, the court practically did not consider the claims of the victims, D. Ra's position on the property requirements imposed on him was not clarified.
There are no resolutions on the recognition of victims as civil plaintiffs in the case files. Claims do not meet the requirements of the Civil Procedure Code of the Republic of Kazakhstan.
Part 5 of Article 167 of the Criminal Procedure Code requires that "a civil claim is filed in writing or in the form of an electronic document in accordance with the requirements for claims considered in the order of civil proceedings."
In accordance with article 167 of the Criminal Procedure Code of the Republic of Kazakhstan, only one victim in this criminal case: Assel Safuanovna S. was issued for 2,000,000 tenge and recognized as a civil plaintiff by the resolution of the preliminary investigation body (in cases 1 volume 142-143).
Article 83 of the Criminal Code of the Republic of Kazakhstan: the secretary of the court session states that the secretary of the court session is a civil servant who keeps the minutes of the court session, as well as provides audio and video recording of the court session, not interested in a criminal case.
However, during the court session, the secretary of the court, A. N. S., abusing his official position and not performing the work assigned to him, drew attention to the secretary at the end of each court session, making sure that the victims demanded that they file expedited civil lawsuits with a request to observe neutrality, but the secretary ignored our remark and appealed to For those who did not appear at the court session, the investigator personally approached each victim, who demanded to write statements, and then conducted an investigation during the preliminary investigation, sent a sample of the civil claim to the victims' chat M. Yerek.
Article 23 of the Criminal Procedure Code of the Republic of Kazakhstan is carried out on the basis of the principle of competitiveness and equality of the prosecution and defense parties.
The task of proving the guilt of a person in committing a criminal offense and refuting his arguments defending himself is assigned to the criminal prosecution authorities, and in court proceedings – to public and private prosecutors.
The court is not a criminal prosecution body, does not act on the side of the prosecution or defense Party and does not represent any interests other than the interests of law.
In accordance with Article 19 of the Criminal Code of the Republic of Kazakhstan, unresolved doubts about the guilt of the suspect, accused, defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant.
The conviction cannot be based on assumptions, and it must be supported by a sufficient set of admissible and clear evidence."
The above-mentioned circumstances Article 53 of the Criminal Code of the Republic of Kazakhstan: criminal liability and punishment can be classified as mitigating circumstances. In accordance with Article 54 of this code, circumstances aggravating criminal liability and punishment are not determined by the investigating authorities in the case and the materials of the criminal case.
In accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan, if the court comes to the conclusion that when imposing a sentence in the form of imprisonment, the convicted person may be corrected without serving the sentence, it decides to consider the imposed sentence conditional. When applying a conditional conviction, the court takes into account the nature of the crime committed and the degree of danger to society, the identity of the guilty person, including the circumstances mitigating and aggravating liability and punishment.
In fact, we believe that the court has the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a sentence, and we hope that the court will impose a suspended sentence. Or imposing a sentence of restriction of freedom in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan.
Article 190, Part 3, Paragraph 1) of the Criminal Code of the Republic of Kazakhstan - in a large amount; paragraph 4) - in the sanction of punishment for repeated fraud, it is stated that the defendant "is punished with confiscation of property, restriction of freedom for a period of three to seven years or imprisonment for the same period, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to six years".
We believe that it would be fair to apply a sentence of seven years of imprisonment or 3 years of imprisonment, as indicated in the sanction of this article, to serve a sentence in low-security institutions of the Penal correction system.
It is stated that the courts should be strictly guided by the provisions of articles 46 of the Criminal Code of the Republic of Kazakhstan, which determines the procedure for assigning the type of institution of the Penal correction system in which persons sentenced to imprisonment serve their sentences, and the normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 23, 2006 N 7.
For the commission of an intentional crime, persons (men and women) convicted for the first time with the appointment of a sentence of imprisonment are sent to serve a sentence in low-security institutions of the Penal correction system.
The correct determination by the court of the type of institution of the penitentiary system is important for achieving the goal of punishment and should be assigned taking into account the severity of the crime committed, the identity of the offender, his age and gender.
Paragraph 5) of Article 433 of the Criminal Procedure Code "non-compliance of the punishment with the severity of the criminal offense and the personality of the convicted person is the basis for canceling the verdict of the court of first instance or changing it"
Part 5 of Article 438 of the Criminal Procedure Code states that "a punishment imposed without taking into account the general origins of the imposition of a penalty and which, although not exceeding the limits provided for by the sanction of the relevant article of the Criminal Code of the Republic of Kazakhstan, but which is unfair due to excessive ease or excessive severity in its type and size, is recognized as incompatible with the severity of the criminal offense and the personality of the convicted person". Therefore, we believe that a very severe punishment was imposed on D. Ra.
Based on the above and in accordance with articles 433, 438 of the Criminal Code of the Republic of Kazakhstan,
OUR REQUESTS FROM THE COURT:
* In respect of D Kosaevna Ra, the Court of the Auezovsky District Court of Almaty dated February 10, 2025 amended the sentence to impose a restriction of freedom of up to seven years or impose a sentence of imprisonment for 3 years;
* serving sentences in low-security institutions of the Penal correction system;
* Neglect of the claims of the victim-civil plaintiffs.
Optional: Protection Notice.
Best regards, defender: Sarzhanov Galymzhan Turlybekovich
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