Complaint to the prosecutor's office about the actions of the investigator
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To the Prosecutor General's Office of the Republic of Kazakhstan, the city of Nur-Sultan,
14 Mangilik El Avenue, 010000. To the Prosecutor of the city of Almaty
189 Zheltoksan St., Almaty
To the Prosecutor's Office of Bostandyk district of Almaty
189 Zheltoksan St., Almaty
Proxy Representative: Law and Law Law Firm
BIN 201240021767 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
In the victim's ineters: Mr. Khairullovich
Claim
on the actions of the interrogator
In the proceedings of the UP of the Bostandyk district of Almaty, a criminal case is being investigated registered in the ERDR for No. 217514031000955 on the grounds of a criminal offense under art.188 Part 1 of the Criminal Code of the Republic of Kazakhstan. As part of the criminal case, an automotive expert examination was ordered for a BMW 316 car, GRNZ A661WDN, built in 1993, with the conclusion of which we disagree. Since the study was not conducted objectively, superficially, the amount of damage is significantly underestimated. Damage to internal units and car spare parts is not taken into account.
Complaint to the prosecutor's office about the actions of the investigator
No trace examination has been ordered in the case, although there is damage to the lock of the driver's door of the car. In addition, we do not agree with the qualification of a criminal offense under art.188 part 1 of the Criminal Code of the Republic of Kazakhstan, but the criminal offense was committed by a group of persons by prior agreement. On the day of the theft, 4 persons were detained at the crime scene. On November 25, 2021, we were invited to review the materials of the criminal case. During the review, we submitted a request for the appointment of a second automotive expert examination, as well as to the Police Department of the Bostandyk district of Almaty in accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, through an Electronic appeal, the Government for Citizens egov Internet resource.kz, a request was sent for a second automotive expert examination, to re-qualify the actions of the suspects in accordance with art.188, part 2, paragraph 1 of the Criminal Code of the Republic of Kazakhstan, and to appoint a tracological examination. However, despite these gross violations of the law, ignoring our demands and petitions, the criminal prosecution body sent a criminal case to the prosecutor's office. During the pre-trial investigation, the terms of the pre-trial investigation were unlawfully interrupted, measures were not taken to ensure a civil claim and possible confiscation of property, persons were not recognized as suspects for all established criminal offenses, and there are significant violations of the norms of the Criminal Procedure Code of the Republic of Kazakhstan. That is, the requirements of Article 301 of the Criminal Procedure Code of the Republic of Kazakhstan have been violated.
Complaint to the prosecutor's office about the actions of the investigator
Despite these violations of the norms of the Criminal Procedure Code of the Republic of Kazakhstan, the Prosecutor's office of the Bostandyk district of Almaty referred the criminal case to the court. According to Article 1 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the Prosecutor's Office, on behalf of the State, carries out, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. By virtue of Article 5 of the Law, the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) over legality. By virtue of Article 105 of the CPC of the Republic of Kazakhstan, complaints filed by persons defending their or represented rights and interests against the actions (inaction) and decisions of persons conducting a pre-trial investigation are submitted to the head of the investigative department, the head of the body of inquiry, the prosecutor or the court. On the grounds of the above and in accordance with Articles 105, 193, 301 of the Criminal Procedure Code of the Republic of Kazakhstan, I ask you:
In accordance with the procedure established by law, adopt acts of prosecutorial response and/or acts of prosecutorial supervision in order to eliminate violations of the rule of law.;
To bring responsible employees to disciplinary responsibility for non-fulfillment or improper performance of their official duties;
Return criminal case No. 217514031000955 to the person conducting the pre-trial investigation for additional investigation;
To respond to the application within the time limits prescribed by law and provide an order to bring responsible employees to disciplinary responsibility.
Sincerely, Representative by Proxy Lawyer ___________/Sarzhanov G.T. "_____" ______________ 2021 G.
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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