MOTION FOR ADMISSION OF AN INTERESTED PERSON TO THE CRIMINAL CASE
Interdistrict Court for Criminal Cases of Astana
To Judge Baimakhanov A.S.
From the Representative – Attorney-at-Law:Galymzhan Turlybekovich Sarzhanov
Law Firm “Zakon i Pravo”BIN 20124002176779 Abylai Khan Avenue, Office 304, Almaty, Republic of Kazakhstan
info@zakonpravo.kz / www.zakonpravo.kz
+7 727 578 57 58; +7 708 578 57 58
In the interests of: B.A.B.
IIN: ....
Republic of Kazakhstan, Zhetisu Region,Kerbulak District, Village A.,K. B. Street, Building 35.
MOTION
for Admission of an Interested Person to the Criminal Case
The criminal case No. 7141-26-00-1/2039 is currently pending before the Court and is being considered in an open court hearing against I.G.D., B.A.U., E.A.M. and K.O., who have been committed for trial on charges under Article 190, Part 4, Paragraph 2) of the Criminal Code of the Republic of Kazakhstan.
On 8 August 2025, the Investigative Court received a motion from Koshersbayev S.T., Head of the Investigation Department of the Police Department of Astana, based on the materials of the pre-trial investigation registered in the Unified Register of Pre-Trial Investigations under No. 257123031001142, seeking authorization to impose seizure on property.
Paragraph 20 of the ruling of M.D.N., Investigating Judge of the Specialized Interdistrict Investigative Court of Astana, dated 8 August 2025, states as follows:
20. The motor vehicle, a “LEXUS LX 570”, VIN: JTJHY00W2B4077221, was transferred to N.A.M. The current owner is B.A.B., born on 8 February 1989, IIN ., state registration plate No. 557/AEV/19.
The investigator's motion was based on the following grounds.
Following a complaint filed by citizen of the Republic of Kazakhstan N.A.M., IIN ., requesting that the executives of the construction company LLP “Asyl-Nur Qurylys”, BIN ., be held criminally liable, it was alleged that, by means of deception and abuse of the trust of residents, and without having the right to attract funds from equity holders for the construction of the residential complex “Mardan”, located at the intersection of Ch.A. and E-164 Streets in Astana, they unlawfully obtained funds in an especially large amount, thereby causing significant material damage.
Within the framework of the criminal case, 200 citizens were identified and questioned as victims.
In the course of entering into agreements under the “Trade-in” program with LLP “Asyl-Nur Qurylys”, the equity holders transferred their property (motor vehicles and apartments) into the names of persons designated by the developer.
During the investigation, it was established that the depositor/victim N.A.M. transferred to the developer, LLP “Asyl-Nur Qurylys”, the property specified in the Motor Vehicle Transfer Agreement dated 12 June 2024, namely a “LEXUS LX 570”, VIN: JTJHY00W2B4077221.
Subsequently, the partnership sold the vehicle to other individuals, who in turn resold it. Ultimately, on 30 October 2024, my client B.A.B. purchased the above-mentioned vehicle from citizen A.A.N., IIN ., through the “KOLESA” mobile application, using a loan from “Kaspi Bank”.
At present, the owner of the above-mentioned vehicle is citizen B.A.B., born on 8 February 1989, IIN .
On 8 August 2025, M.D.N., Investigating Judge of the Specialized Interdistrict Investigative Court of Astana, having considered individually the motion submitted by Koshersbayev S.T., Head of the Investigation Department of the Police Department of Astana, based on the materials of the pre-trial investigation registered in the Unified Register of Pre-Trial Investigations under No. 257123031001142, authorized the seizure of the above-mentioned property belonging to my client.
Thus, the ruling of the Investigating Judge dated 8 August 2025 directly affects the rights and legitimate interests of my client, Bekbergenov A.B.
The ruling of the Investigating Judge was appealed to the appellate court; however, the appeal did not result in a favorable outcome.
Subsequently, we repeatedly submitted requests to the pre-trial investigation authority for my client to be questioned. However, in response, we were informed that the pre-trial investigation of the criminal case had been completed and that the case had been forwarded to the prosecutor's office and subsequently to the court.
The statements and explanations of my client, Bekbergenov Arkhan Bakybekovich, within the framework of the criminal case may identify circumstances relevant to the case in relation to the civil claim.
Pursuant to Article 109 of the Criminal Procedure Code of the Republic of Kazakhstan, persons who are not participants in criminal proceedings, where the grounds provided for by this Code exist, shall have the right to request that they be recognized as suspects, victims, private prosecutors, civil claimants, civil defendants, their legal representatives or representatives.
Pursuant to Article 70 of the Criminal Procedure Code of the Republic of Kazakhstan, from the moment of entering the case, a defense counsel shall have the right to review the following case materials concerning the person under his or her defense: the application or report concerning the commission of a criminal offense, except for personal data contained therein; the report on registration of such application or report in the Unified Register of Pre-Trial Investigations, except for personal data contained therein; and the records of investigative and procedural actions conducted with the participation of the person under defense.
Pursuant to Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings shall have the right to submit motions to the person conducting the pre-trial investigation, the prosecutor, or the judge (court) concerning the performance of procedural actions or the adoption of procedural decisions for the purpose of establishing circumstances relevant to the criminal proceedings and ensuring the rights and legitimate interests of the person submitting the motion or the person represented by him or her.
Based on the foregoing and pursuant to Articles 70 and 99 of the Criminal Procedure Code of the Republic of Kazakhstan,
I HEREBY REQUEST THE COURT TO:
- Admit attorney-at-law Galymzhan Turlybekovich Sarzhanov to criminal case No. 7141-26-00-1/2039 as the representative/defense counsel of the interested person A.B.B.
- Grant access to all materials of the criminal case insofar as they concern the victim N.A.M., IIN .
Attorney-at-Law
Law Firm “Zakon i Pravo”Galymzhan T. Sarzhanov
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