Complaint to the Prosecutor's Office against the investigator for late response to the lawyer's petition
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Almaly District Prosecutor's Office
56 Karasai Batyr Street, 050000 Almaty
8 (7272) 96 63 26
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; +7 708 578 5758.
In the interests of: suspect R. E.E.
……….. year of birth
IIN ..............
Claim
to the investigator for the late response to the lawyer's petition
In the proceedings of the SB UP of the Almaly district of the DP of Almaty, the Senior investigator, Police Major A.Zh.T., is investigating a criminal case registered in the ERDR for No. 237511031001537 dated May 13, 2023 under art. 190, Part 3, paragraph 4 of the Criminal Code of the Republic of Kazakhstan, Fraud against two or more persons is not repeated.
Part 1 of Article 23 of the Criminal Procedure Code of the Republic of Kazakhstan establishes that criminal proceedings are conducted on the basis of the principle of competition and equality of the parties to the prosecution and defense.
On the basis of paragraph 2) of part 2 of Article 70 of the CPC, the defender has the right to collect and present objects, documents, information, as well as other data necessary for the provision of legal assistance, which are subject to attachment to the materials of the criminal case.
Thus, on the basis of the above-mentioned norms in the framework of this criminal case, the defense has repeatedly filed the following petitions:
A petition for attaching documents to the materials of the criminal case dated 05/15/2023, registered No. ZT-2023-00845271, to which the response was received on June 01, 2023;
Application for admission of a defender dated May 15, 2023, registered No. ZT-2023-00844949, to which the response was received on June 01, 2023;
A petition for the attachment of documents to the materials of the criminal case dated 05/18/2023, registered No. ZT-2023-00878648, to which there is still no response.;
A petition for the attachment of documents to the materials of the criminal case dated 05/18/2023, registered No. ZT-2023-00879589, to which there is still no response.;
A request for inspection with video recording of the assembly shop in the framework of the criminal case dated 05/21/2023, registered No. ZT-2023-00894995, which has not been answered to this day.;
A petition for the attachment of documents to the materials of the criminal case dated 05/21/2023, registered No. ZT-2023-00895031, to which there is still no response.;
A petition for the attachment of documents to the materials of the criminal case dated 05/21/2023, registered No.ZT-2023-00895034, to which there is still no response.;
A petition for the attachment of documents to the materials of the criminal case dated 05/21/2023, registered No.ZT-2023-00895046, to which there is still no response.;
Petition dated 05/21/2023, registered No. ZHT-2023-00948225 for recognition of R.S.A. IIN ............ 145 the additional defender of the suspect, R.E.E., in the framework of the criminal case, which has not been answered to this day.;
On the basis of paragraph 2) of part 2 of Article 70 of the CPC, the defender has the right to collect and present objects, documents, information, as well as other data necessary for the provision of legal assistance, which are subject to attachment to the materials of the criminal case.
In accordance with the provisions of part 3 of Article 122 of the CPC, the defender has the right to obtain information necessary for the protection by requesting certificates, characteristics, and other documents from legal entities. Such documents may be requested by the defender from government agencies, public associations, as well as other legal entities.
According to part 4 of the same article of the CPC, the suspect, the accused, the defense attorney, the private prosecutor, the victim, the civil plaintiff, the civil defendant and their representatives, as well as any citizens and their representatives, are entitled to provide information both orally and in writing, as well as items and documents for attaching them as evidence in a criminal case. organizations.
Article 99 of the CPC of the Republic of Kazakhstan provides that participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with petitions for procedural actions or making procedural decisions to establish circumstances relevant during the criminal process, to ensure the rights and legitimate interests of the person who filed the petition or the person they represent. The application is subject to review and resolution immediately after its application. In cases where an immediate decision on an application is not possible, it must be resolved no later than three days from the date of the application.
102 of the Criminal Procedure Code of the Republic of Kazakhstan, complaints against the actions and decisions of an inquirer, body of inquiry, investigator, prosecutor, judge or court may be filed during the entire pre-trial investigation and trial. Complaints against the decision to terminate a criminal case at the pre-trial stage may be filed within one year from the date of the relevant decision of the criminal prosecution body or its approval by the prosecutor.
According to Article 105 of the Criminal Procedure Code 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 23, 70, 90, 122 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
To oblige the pre-trial investigation body to immediately respond to all sent petitions;
To bring to disciplinary responsibility an official who committed a violation of the norms of procedural law;
Provide an extract from the order on bringing to disciplinary responsibility an official who committed a violation of the norms of procedural law;
To respond to the complaint within the prescribed time limits;
With respect,
lawyer: ____________/ Sarzhanov G.T.
"______"___________2023 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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