MOTION FOR GRANTING ACCESS TO ALL MATERIALS OF THE TERMINATED CRIMINAL CASE
To the Prosecutor’s Office of Almaty Region
13 Zhambyl Street, Konaev.
8 (72772) 2-34-55.
From Legal Consultant:
Kenesbek Islam Mukhameduly
IIN 970103300774
Law Firm “Zakon i Pravo”
BIN 201240021767
Office 304, 79 Abylai Khan Avenue, Almaty.
+7 708 971 78 58.
In the interests of: AYS
IIN ...
3 Z... Street, Almaty.
MOTION
A criminal case based on the application of Aa IS against Z.B.N. on the facts of fraud under Article 190 of the Criminal Code of the Republic of Kazakhstan was under the investigation of Investigator A.N. Mukishev of the Police Department of Almaty Region. The case was registered in the Unified Register of Pre-Trial Investigations (ERDR) under No. 261900031000268.
On 22 September 2026, the investigator issued a decision to terminate the criminal case pursuant to subparagraph 2) of paragraph 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, due to the absence of elements of a criminal offense in the act.
On 24 September 2026, the said decision to terminate the criminal case was approved by the prosecutor.
Pursuant to Part 2 of Article 289 of the Criminal Procedure Code of the Republic of Kazakhstan, after the prosecutor approves the decision to terminate the pre-trial investigation, the victim and his/her representative shall be informed of their right to review the materials of the criminal case and of the procedure for appealing the decision to terminate the criminal case.
Furthermore, Part 3 of Article 290 of the Criminal Procedure Code of the Republic of Kazakhstan expressly provides that, upon a motion by the victim and his/her representative, the prosecutor shall ensure that they are given an opportunity to review the materials of the terminated criminal case.
Access to all materials of the criminal case is necessary to verify the completeness and objectivity of the pre-trial investigation conducted, examine the evidence collected and the procedural decisions taken, assess the legality and validity of the termination of the criminal case, as well as to exercise the victim’s right to subsequently appeal the decision taken.
In view of the foregoing, and pursuant to Part 2 of Article 289 of the Criminal Procedure Code of the Republic of Kazakhstan,
I HEREBY REQUEST:
- To provide the victim, Au I.S., and his representative, Kenesbek Islam Mukhameduly, with an opportunity to review in full all materials of the terminated criminal case No. 261900031000268.
Respectfully,
Representative of the Victim: Kenesbek I.M.
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