MOTION FOR EXAMINATION OF AN INTERESTED PERSON AS A WITNESS IN A CRIMINAL CASE
INVESTIGATIVE DEPARTMENT OF THE POLICE DEPARTMENT OF ASTANA CITY
From: Representative – Attorney Sарzhanov Galymzhan Turlybekovich
Law Firm “Zakon i Pravo”
BIN 201240021767
Office 304, 79 Abylai Khan Avenue, 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, ..... Street
MOTION
for examination of an interested person as a witness in a criminal case
A criminal case is being investigated by the Investigative Department of the Police Department of Astana City, under the supervision of Head of Department S.T. Kosherbayev, based on the pre-trial investigation materials registered in the Unified Register of Pre-Trial Investigations (ERDR) under No. 257123031001142.
The criminal case was initiated following an application submitted to the “Nura” District Police Department of the Police Department of Astana City by citizens of the Republic of Kazakhstan requesting that the managers of the construction company LLP “Asyl-Nur Qurylys” be brought to criminal liability. The applicants allege that, by deceiving residents and abusing their trust, and without having the right to attract funds from shareholders for the construction of the “Mardan” residential complex located at the intersection of Ch. Aitmatov Street and E-164 Street in Astana, the said persons unlawfully took possession of funds in an especially large amount and caused significant material damage.
On 22 May 2025, the above-mentioned fact was registered in the ERDR under No. 257123031001142 pursuant to Article 190, Part 4, Paragraph 2 of the Criminal Code of the Republic of Kazakhstan.
Following the application of the citizen of the Republic of Kazakhstan N A.M., IIN 910907451170, requesting that the managers of the construction company LLP “Asyl-Nur Qurylys”, BIN 210840004976, be brought to criminal liability, it was alleged that, by deceiving residents and abusing their trust, and without having the right to attract funds from shareholders for the construction of the “Mardan” residential complex located at the intersection of Ch. Aitmatov Street and E-164 Street in Astana, the said persons took possession of funds in an especially large amount and caused significant material damage.
In the course of concluding agreements under the “Trade-in” program with LLP “Asyl-Nur Qurylys”, the shareholders transferred and re-registered their property (motor vehicles and apartments) in the names of persons indicated by the developer.
During the investigation, it was established that the investor/victim N A.M. transferred to the developer, LLP “Asyl-Nur Qurylys”, property under the Motor Vehicle Transfer Agreement dated 12 June 2024, namely a “LEXUS LX 570” motor vehicle, VIN: JTJHY00W2B4077221. The said agreement was notarized.
Subsequently, the company sold the vehicle to other individuals, who then 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 provided by JSC “Kaspi Bank”. The loan term was 60 months.
Currently, the owner of the above-mentioned motor vehicle is citizen B A.B., born on 8 February 1989, IIN ....
On 8 August 2025, Investigating Judge D.N. Mukeshev of the Specialized Inter-District Investigative Court of Astana City issued a ruling authorizing the imposition of an arrest/seizure over the above-mentioned property.
Pursuant to Article 161, Part 8 of the Criminal Procedure Code of the Republic of Kazakhstan, seizure may be imposed on property held by other persons if there are sufficient grounds to believe that such property was obtained as a result of criminal acts of the suspect or accused, or was used or intended to be used as an instrument or means of committing a criminal offense, or for financing extremism, terrorism, an organized group, an illegal military formation, or a criminal organization.
However, the pre-trial investigation body failed to take into account the position of the current owner of the motor vehicle, who purchased it on credit.
According to the terms of the Vehicle Purchase Financing Agreement No. 866487680 dated 31 October 2024, the following provisions apply:
1.2. The Buyer undertakes, through the Mobile Application, to make an initial payment to Kaspi for the purchase of the Vehicle in the amount of KZT 3,800,000 (three million eight hundred thousand tenge) (hereinafter referred to as the Initial Payment), which shall be transferred to the Seller after fulfillment of all conditions set forth in Clause 4.4 of the Agreement.
1.3. The Buyer shall provide the Vehicle as collateral to Kaspi to secure the obligations under the loan agreement, ensure registration of the collateral at the Buyer's expense, and enter into a loan agreement and a Vehicle pledge agreement with Kaspi.
1.4. By signing the Agreement, the Buyer gives consent/instructions to Kaspi, on the date the loan is provided, to debit from the Buyer's account specified in the loan agreement (hereinafter referred to as the Buyer's Account) the Loan amount of KZT 15,100,000 (fifteen million one hundred thousand tenge) and the Initial Payment amount by direct debit, and to transfer such amounts on the basis of a payment order initiated by Kaspi or another payment document to the Seller's bank account specified in the Agreement (hereinafter referred to as the Seller's Account) for the purpose of making full payment for the Vehicle.
2.1. The Seller agrees to sell the LEXUS LX 570, year of manufacture 2011 motor vehicle (hereinafter referred to as the Vehicle) to the Buyer. The purchase price of the Vehicle is KZT 18,900,000 (eighteen million nine hundred thousand tenge).
Thus, my client B A.B. ultimately purchased the above-mentioned vehicle for a total amount of KZT 34,000,000, taking into account the bank's remuneration/interest.
B A.B.'s loan obligations to JSC “Kaspi Bank” have been fully discharged, as evidenced by the Notice on Removal of the Pledge of Movable Property from State Registration.
Article 18 of the Criminal Procedure Code of the Republic of Kazakhstan provides that ownership is guaranteed by law. No person may be deprived of their property except pursuant to a court decision.
Article 6 of the Constitution provides that the Republic of Kazakhstan recognizes and equally protects state and private property.
Pursuant to Article 259 of the Civil Code of the Republic of Kazakhstan, an owner is entitled to demand recognition of their ownership rights.
Pursuant to Article 261 of the Civil Code of the Republic of Kazakhstan, if property has been acquired for consideration from a person who did not have the right to dispose of it, and the acquirer did not know and was not required to know this fact (a bona fide purchaser), the owner may reclaim such property from the acquirer only where the property was lost by the owner or by a person to whom the owner had transferred it for possession, or was stolen from either of them, or otherwise left their possession against their will.
Accordingly, B A.B., pursuant to Articles 259 and 261 of the Civil Code of the Republic of Kazakhstan, is a bona fide purchaser.
As of today, the pre-trial investigation authorities have conducted investigative actions involving the questioning of the parties to the criminal case and other witnesses in accordance with Chapter 26 of the Criminal Procedure Code of the Republic of Kazakhstan.
However, within the framework of the above-mentioned criminal case, the pre-trial investigation body has not conducted examinations/questioning of interested persons whose rights are directly affected by the criminal proceedings.
Pursuant to Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with motions to conduct procedural actions or adopt 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 them.
A motion shall be considered and resolved immediately after it is submitted. Where an immediate decision on the motion is impossible, it shall be resolved no later than three days from the date of its submission.
A motion shall be granted if it contributes to a comprehensive, complete and objective examination of the circumstances of the case, or to ensuring the rights and legitimate interests of participants in the proceedings or other persons.
The body conducting the criminal proceedings may not refuse to grant a motion for the examination of persons as specialists or witnesses where their appearance has been secured by the parties.
Pursuant to Articles 74 and 75 of the Criminal Procedure Code of the Republic of Kazakhstan, a civil defendant is a natural person or legal entity against whom a civil claim has been brought in a criminal case.
Pursuant to Article 78 of the Criminal Procedure Code of the Republic of Kazakhstan, any person who may have knowledge of any circumstances relevant to the case may be summoned and examined as a witness.
Pursuant to Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, an investigator and an inquiry officer are obliged to take all measures provided by law for a comprehensive, complete and objective examination of the circumstances necessary and sufficient for the proper resolution of the case.
Based on the foregoing, and pursuant to Articles 99, 74, 75 and 78 of the Criminal Procedure Code of the Republic of Kazakhstan,
I HEREBY REQUEST:
- To examine citizen B A.B. as a witness in the above-mentioned criminal case, with the participation of his representative under a power of attorney, Attorney Sарzhanov G.T.;
- To attach the enclosed documents to the materials of the criminal case.
Respectfully,
Representative under Power of Attorney, Attorney: Sарzhanov G.T.
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