Complaint to the prosecutor's office to the inaction of the police in a criminal case
The prosecutor's Office of Turan District of Shymkent
SDTBT: on the case No. 267914031000483.
Applicant: KRA
IIN:...
Shymkent, Asar-2 .... home resident.
Representative by power of attorney:
Legal office" law and law"
Bin 201240021767.
Lawyer Sarzhanov Galymzhan Turlybekovich
Republic of Kazakhstan, 050002, Almaty,
Almaly district, abylai Khana Ave., house 79/71, office 304.
info@zakonpravo.kz www.zakonpravo.kz
Tel.: +7 708 971 78 58 / 8 727 971 78 58.
Complaint
the investigator U. N. on the inaction of the Taliban
Currently, a pre-trial investigation is being conducted on the basis of the application of the Criminal Code of the Republic of Kazakhstan under Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan. This criminal case is registered in the Unified Register of pre-trial investigations (hereinafter referred to as SDTBT) No. 267914031000483.
According to the list submitted by R. A. K. on April 7, 2026 within the framework of this criminal case, K. K. O., A. A. B., S. A. R., L. S. O., N. M. F., T. N. AB on the wholesale market "Barys". A petition to recognize and interrogate the persons specified as N. N. A., A. A. U., I. B. S., D. A. N., "K. Tashkent Tovar", Saipova Gavkhar Khusanovna as witnesses within the framework of this criminal case was sent to the Turan District Police Department of the Shymkent City Police Department and registered in the E-Application Information System under the number ZT-2026-01444431.
In accordance with Part 4 of Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code), the application is subject to consideration and resolution as soon as it is submitted, and if it cannot be resolved immediately, it must be resolved no later than three days later.
However, to date, in addition to the fact that the investigator U. N. Taliban did not give any answers to the petition, the necessary investigative actions aimed at a full, comprehensive and objective investigation of the criminal case have not been carried out.
In particular:
– the interrogation of the victim R. A. K. has not been conducted so far;
– R. A. K. is not recognized as a victim in the procedural order;
– a full-fledged procedural response to the original application filed by the victim was not provided;
- Video surveillance records from the administration of the Zhibek Zholy market have not yet been obtained;
- petitions for interrogation of witnesses have not been considered, on which they have not been answered within the time limits provided for by law;
- the suspect has not been called for interrogation so far.
These circumstances indicate the inaction of the investigator and unjustified prolongation of the criminal case, despite the presence of simple and obvious evidence.
In particular, in the video recordings presented in the materials of the criminal case, the actions of the suspected person are shown clearly, with signs of time, at the level of minutes and seconds. That is, the time, method and scope of the crime are clearly defined. Nevertheless, the failure to conduct investigative actions is unjustified.
According to Article 192 of the Criminal Code, a pre-trial investigation must be completed within a logical time frame, taking into account the complexity of the criminal case, the scope of investigative actions and the sufficiency of studying the circumstances of the case, but not exceeding the statute of limitations for criminal prosecution established by the Criminal Code of the Republic of Kazakhstan.
When determining the logical time frame for the pre-trial investigation, such circumstances as the legal and actual complexity of the criminal case, the exercise of procedural rights by the participants in pre-trial proceedings, the way in which the person carrying out the pre-trial investigation exercises his powers for the purpose of timely implementation of pre-trial proceedings are taken into account.
However, the specified criminal case is not complicated in its nature, there is enough evidence, and the inaction of the investigator leads to an unjustified prolongation of the case.
And in accordance with Part 2 of this article 192 of the CPC, a pre-trial investigation for inquiry cases should not exceed one month and two months for preliminary investigation cases. The prosecutor has the right to review these deadlines, establishing a reasonable time frame for the pre-trial investigation.
In accordance with Part 1 of Article 105 of the CPC, complaints against actions (omissions) and decisions of persons carrying out pre-trial Investigation, filed by persons protecting their rights and interests or the rights and interests represented by them, shall be submitted to the head of the investigation department, the head of the inquiry body, the prosecutor, the court.
And Part 2 of this article provides for the following: the prosecutor, the head of the investigation department, the head of the inquiry body within seven days from the moment of receipt of the complaint must consider it and notify the person who filed the complaint about the decision made.
The head of the investigation department, the head of the inquiry body and the prosecutor authorized to consider complaints in accordance with Article 105 of the CPC in accordance with Part 21 of the instruction on the procedure for considering procedural decisions and actions (omissions) of officials conducting proceedings in a criminal case (hereinafter referred to as the instruction) are obliged, within the limits of their powers, to immediately take measures to restore the violated rights and legitimate interests of participants in criminal proceedings, as well as other individuals or legal entities.
In accordance with Part 24 of the instructions, the issue of liability of guilty officials is considered simultaneously on satisfied complaints considered in accordance with Article 105 of the CPC, as well as considered by a higher official.
Guided by paragraphs 3-1) and 5) of Article 105 and Part 1 of Article 193 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ASK YOU:
* Take this criminal case (SDTBT No. 267914031000483) under personal control and prosecutor's supervision;
· Establish a reasonable period of pre-trial investigation, taking into account the circumstances of the criminal case, and provide the investigator U. N. Talip with a specific period of 1 (one) month in the criminal case;
* Within the specified period, provide mandatory instructions to the investigator on the full, comprehensive and objective conduct of all necessary investigative actions in a criminal case, such as procedural recognition and interrogation of the victim in a criminal case, interrogation of witnesses, summoning a suspicious person to justice, obtaining video recordings and their registration in the materials of the criminal case;
* Ensuring the Prevention of unjustified prolongation of a criminal case;
* Bringing to disciplinary responsibility of the Turan district PB of the Shymkent City PD for the inaction of the investigator U. N. Talip of the TB.
With respect,
Representative / lawyer by power of attorney: G. T. Sarzhanov
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
