Complaint to the Prosecutor's Office about the investigator's action
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To the Prosecutor's Office of Bostandyk district of Almaty
Almaty, Zheltoksan St., 189. +7 727 220 45 22.
from: Defense attorney Galymzhan Turlybekovich Sarzhanov
Law and Law Law Firm BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty. info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 978 5755; +7 708 971 78 58. in the interests of: J.A.E. IIN …
Claim
on the action of the investigator from the UP of the Bostandyk district of Almaty
In the proceedings of the SB UP of the Bostandyk district of the DP of Almaty, there are materials of a criminal case registered in the ERDR No. 217514031003083 against J.A.E., on the grounds of a criminal offense provided for in art. 190 of the Criminal Code of the Republic of Kazakhstan. On December 20, 2021, B.E.M., according to the present material of the pre-trial investigation under art. 190, Part 3, paragraph 4 of the Criminal Code of the Republic of Kazakhstan, was recognized as a suspect by the Investigator of the SB UP of the Bostandyk district of the DP of Almaty. The victim of this material of the pre-trial investigation is IP "TG Group" represented by a representative of gr. Zh.N.M., the amount of material damage caused is 4,400,000 tenge.
Complaint to the Prosecutor's Office about the investigator's action
On 11/20/2021, the criminal cases registered in the ERDR for No. 217514031002739 and No. 217514031003081 were combined into one proceeding, and the main case number No. 217514031003083 was assigned to the combined criminal cases. However, having disagreed with your above-mentioned resolution, we filed a motion to terminate the criminal case in part, namely at the request of IP "TG Group" on the following grounds: IP "TG Group" and LLP "Pharm-plus" represented by J.A.E. a contract for the supply of goods (one-time) was concluded for No.6/9/21 dated 09/06/2021. According to p. 1.1, p. 1 of the Contract, the supplier undertakes to transfer the ownership of the buyer of Wally Plastik nitrile gloves in a total amount of 100,000 pairs at a price of 19 tenge per 1 unit of goods. The buyer made the payment in full in the amount of 1,900,000 tenge. The parties also concluded a similar agreement in the amount of 2,500,000 tenge. As a result, the buyer, according to the agreements, paid 4,400,000 tenge to the seller. Subsequently, the seller entered into an agreement with suppliers for the supply of personal protective equipment from China. However, the supplier did not fulfill the contract requirement and the goods were not delivered on time due to the pandemic caused by the coronavirus, that is, due to restrictions on the delivery of medical goods from the territory of the People's Republic of China.
Due to the non-fulfillment of contractual obligations by the seller of LLP "...", the buyer appealed to the Specialized Interdistrict Economic Court of Almaty with a statement of claim for recovery of the amount owed. On December 13, 2021, the Judge of the Specialized Interdistrict Economic Court of Almaty, N.A.B., having considered the materials of the civil case No. 7527-21-00-2/10331 on the claim of the individual entrepreneur "TJ Group" to the limited liability partnership "..." for the recovery of the amount of debt, the Judge determined - to accept the civil case. Thus, we explain that to date, this dispute is being tried in court. The above arguments were given in the protocol of the suspect's interrogation dated 12/21/2021. On December 27, 2021, the investigator received a Decision to dismiss the petition of the lawyer of the law firm Law and Law Sarzhanova G.T. The investigator in the decision on refusal indicates that criminal case No. 217514031003081 relates to a number of serious crimes and is not subject to termination. However, we do not agree with the decision to dismiss the petition dated 12/27/2021, we consider it illegal and unfounded, since the lawyer petitioned for the termination of the criminal case in part, namely at the request of the sole proprietor "..." and all the arguments in the petition are substantiated and proven. According to art. 35, part 1, paragraph 2 of the Criminal Procedure Code of the Republic of Kazakhstan, which stipulates that a criminal case is subject to termination for the absence of elements of a criminal offense in the act. According to Part 1, Article 192 of the Code, which stipulates that the pre-trial investigation must be completed within a reasonable time, taking into account the complexity of the criminal case, the scope of investigative actions and the sufficiency of the investigation of the circumstances of the case, but not more than the statute of limitations of criminal prosecution established by the Criminal Code of the Republic of Kazakhstan.
Complaint to the Prosecutor's Office about the investigator's action
Part 2 specifies that the pre-trial investigation in cases of inquiry should not exceed one month and two months in cases of preliminary investigation. The prosecutor has the right to review these terms by setting a reasonable time for the pre-trial investigation. In part 8, art. 192 of the Code provides that a suspect has the right to appeal against an unjustified delay in the investigation and to file a motion to the prosecutor to set a certain time limit during which the person conducting the criminal prosecution must complete the investigation of the case in full or appeal to the court in accordance with the procedure provided for by this Code. According to Part 1, Article 193 of the Code, where the Prosecutor supervises the legality of the pre-trial investigation, as well as criminal prosecution:
gives written instructions on the conduct of certain investigative actions.;
cancels illegal decisions of the investigator, the inquirer, the body of inquiry;
Based on the above and guided by Part 1, art. 193 of the Criminal Procedure Code of the Republic of Kazakhstan, I ask you:
To give written instructions to the investigator of the UP of the Bostandyk district of the DP of Almaty, Begadilov E.M., on the partial termination of criminal case No. 217514031003081 (namely, at the request of the sole proprietor "...") on the case at the stage of the pre-trial investigation;
Sincerely, Lawyer: ____________/ Sarzhanov G.T. "___"_____________2021 the year.
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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