Complaint to the Prosecutor's Office against the investigator for the refusal to appoint an additional defender
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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.
Born on September 16, 1996
IIN 960916300891
In the interests of: R.S.A.
IIN .......
+7 707 .....
Almaty region, Ili district, md. Zhaiyk, m.... str., 6 "v"
Claim
on the investigator's refusal to appoint an additional defender
In the proceedings of the SB UP of the Almaly district of the DP of Almaty, the Senior investigator, Police Major Amitzhanov 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.
Thus, based on the above-mentioned norms, in the framework of this criminal case, the defense party, on behalf of the Suspect and his wife, R.S.A., filed the following petition:
A petition dated 06/13/2023, registered No. ZH-23061301145642, to recognize R.S. Amanzholovna as an additional defender of the suspect (s) R.E.Yerbolatovich in the framework of the criminal case.
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.
66 of the CPC of the Republic of Kazakhstan provides that a lawyer participates as a defender. With the participation of a lawyer in criminal proceedings as a defender, along with him, at the written request of a witness entitled to defend, a suspect, accused, defendant, convicted, acquitted, one of the following persons may defend them: a spouse or close relative, guardian, trustee, or representative of an organization in whose care or dependent there is a defendant.
On 16.06.2023, we received a response from senior investigator Amitzhanov Zh.T., where we were denied by the fact that R.S. was questioned as a witness.
We do not agree with these arguments of the pre-trial investigation body, and she is not a party to the criminal case. In addition to the fact that she is the suspect's wife, there is no information or arguments from the investigation in the case, and during the interrogation she did not tell the investigator anything other than what the suspect himself said, and she did not give any testimony against the suspect that was relevant to the case.
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 requests 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 the application is not possible, it must be resolved no later than three days from the date of the application.
78, paragraph 3. of the Criminal Procedure Code of the Republic of Kazakhstan, a witness has the right to refuse to testify, which may lead to prosecution for committing a criminal offense or an administrative offense for himself, his spouse or close relatives.
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 66, 70, 99, 122 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
To recognize the actions of the senior investigator from the Almaly district police Department of Almaty, police Major Amitzhanov Zh.T., on the refusal to recognize R.S.A. as an additional defender, as illegal;
Exclude R.S.A. from the list of witnesses in the criminal case;
To assign to the senior investigator of the SB UP Almalinsky district of the Almaty city police department, police Major A.Zh.T., the duties of eliminating the violation of the rights and legitimate interests of R.S.A., R.E.E., in criminal case No. 237511031001537, with recognition as an additional defender of R.S.A.
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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