Lawyer's appeal in a criminal case on receiving a bribe

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Judicial Board on criminal cases of the Almaty City Court    

Lawyer............... legal address:city of Almaty ........... 

Tel.8 705 ............ acting in the interests of the convicted person

…………. 09/02/19... born in, convicted under Part 1 of Article 366 of the 

Criminal Code of the Russian Federation to 5 years in prison  

THE APPEAL

on the verdict of the district court No. 2 of the city of Bostandyk district.Almaty from 07/25/20.. year  

By the verdict of the District Court No. 2 of the Bostandyk district of Almaty dated 07/25/20 ... ......., found guilty of committing a crime under Part 1 of Article 366 of the Criminal Code of the Kyrgyz Republic, punishment was imposed in the form of imprisonment for a period of 5 years with serving a sentence in a medium-security penal colony, with confiscation of property and deprivation of the right to occupy senior positions for a period of up to five years. The said agreement is subject to cancellation on the following grounds: The Government ...... is accused of being the chief specialist of the Department of Audit of Legal Entities of the Department of State Revenue, received from gr........(IP "......") a bribe in the form of cash in the amount of 100,000 tenge, having assisted in the removal of the arrest from the bank account.

During the preliminary investigation and trial ........ He admitted his guilt in the charges, showing that, being the chief specialist of the audit department, he did not provide assistance to anyone in lifting the arrest from the bank account. An appeal by a lawyer in a criminal case on receiving a bribe is withdrawn from a bank account automatically after the repayment of tax arrears and it is technically impossible to interfere with the software support of the tax program. No reward from ........ I did not receive it. In addition, he did not give instructions to anyone to withdraw the arrest from the bank account........ The envelope found by law enforcement agencies in a desk drawer in his office, which contained 100,000 tenge denominated "BRIBE" bills, does not belong to him. He does not know how the specified envelope ended up in his desk drawer, he believes that the money was planted. In accordance with paragraph 12 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006 No. 4, with (as amended and supplemented on April 25, 2010) "On some issues of evaluating evidence in criminal cases", a court verdict cannot be recognized as lawful if it is made solely on the basis of testimony of the defendant or victim, which are not analyzed, compared for reliability and They are confirmed by other evidence: witness statements, protocols of procedural actions, expert opinions, physical evidence and other documents., kromesluchaev consideration of the case in an abbreviated manner provided for in Article 382 of the Criminal Procedure Code of the Republic of Kazakhstan). These indications of my client are fully confirmed by the materials of the criminal case, namely:

According to the results of the forensic fingerprint examination conducted on 05/20/20..., my client's fingerprints were not found on the envelope containing the money.

2. The washouts performed after the arrest also did not give a positive result, since no traces of fluorescent paint were found on the hands, which marked the bills.

3. The victim......, on whose testimony the whole accusation is based, was not questioned during the judicial proceedings. He did not respond to repeated court summonses without giving reasons, which is unacceptable. The appeal of the Lawyer in the criminal case of bribery of other objective evidence of my client's guilt, in the materials of the criminal case. Thus, according to art. 388 of the Criminal Code of the Republic of Kazakhstan, the verdict of the court must be lawful and justified. A sentence is recognized as lawful if it is passed in compliance with all the requirements of the law and on the basis of the law. A verdict is considered justified if it is decided on the basis of a comprehensive and objective examination of the evidence presented to the court at the court session.

In accordance with paragraph 2 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 19"About the court verdict" "a verdict is lawful if it is drawn up in strict accordance with the requirements of the Criminal Procedure Law on the procedure of judicial proceedings based on the principle of the parties' compulsion and equality, ensuring their access to the study of evidence on equal grounds, subject to the correct application of the norms of the law.  The validity of the verdict means that it is based on evidence that has been collected in compliance with the requirements of the law, and is therefore fully, objectively and comprehensively investigated at the court session, analyzed and appropriately evaluated, and the conclusions are court-motivated." According to Point 5 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002. № 19"About the court verdict" "a guilty verdict is issued if the court has indisputably established that the crime was committed by the defendant, he is innocent of its commission, his guilt is confirmed by evidence collected in compliance with the requirements of the law. The guilt of a person in committing a crime is recognized as proven only in cases when the court, guided by the presumption of innocence, examined all the evidence directly, interpreting the overwhelming doubts in favor of the defendant, within the framework of a proper legal procedure, gave answers to all the questions specified in art. 390 of the Criminal Procedure Code of the Republic of Kazakhstan." In addition, I would like to draw the court's attention to the identity of my client - he has no previous convictions, is positively characterized by his place of work as a good specialist, is married, has two dependent young children and elderly parents. On the basis of the above, in accordance with Articles 414, 423, 431, part 1, paragraph 4 of the Criminal Procedure Code of the Republic of Kazakhstan,-

 

ask: Verdict of the District court No. 2 of the Bostandyk district of Almaty dated 10.12.20... in relation to ...... to cancel and resolve the acquittal.  

The lawyer....  

I am familiar with the defender's complaint and support it. ................   "____" August 20..

 

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       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.  

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