MOTION TO THE INVESTIGATIVE COURT FOR THE EXAMINATION OF THE VICTIM AT THE COURT HEARING
To the Specialized Inter-District Investigative Court of Almaty
Presiding Judge Zh.K. Iskakbayeva
from the defense counsel of the suspectBoi Mi Tursungalievna
–Advocate Galymzhan Turlybekovich Sarzhanov
Zakon i Pravo Law Firm
79/71 Abai Avenue, Office 304, Almaly District, Almaty, 050002
Tel.: +770085785758, +7 7009785755
MOTION
The Specialized Inter-District Investigative Court of Almaty is considering the investigator’s motion for authorization of detention as a preventive measure against Boi M.T. (case file No. 7595-26-00-2-3м/3319).
Pursuant to Paragraph 1 of Article 138 of the Criminal Procedure Code of the Republic of Kazakhstan, when deciding whether it is necessary to apply a preventive measure and which particular measure to apply, in addition to the grounds specified in Article 136 of this Code, as well as when establishing additional restrictions specified in Paragraph 2 of Article 137 of this Code, the following shall be taken into account:
1) the gravity of the criminal offense committed; 2) the personality of the suspect or accused and his or her age; 3) state of health; 4) marital and family status, and the presence of dependents in the family; 5) strength of the suspect’s or accused person’s social ties; 6) reputation of the suspect or accused; 7) occupation; 8) whether the suspect or accused has a permanent place of employment or study; 9) financial status; 10) availability of a permanent place of residence and other circumstances. 2. In the absence of the grounds listed in [Article 136](https://adilet.zan.kz/rus/docs/K1400000231#z1246) of this Code, the gravity of the criminal offense committed may not constitute the sole ground for selecting detention as a preventive measure.
At present, the victim K A.G. has been paid the amount of 2,500,000 tenge towards repayment of the debt, and the victim A S.T. has been paid 3,000,000 tenge.
Based on the foregoing, I respectfully request:
- to attach to the materials of the investigator’s motion for authorization of detention as a preventive measure against Boi Mi Tursungalievna copies of the receipt of K A.G. confirming receipt of 2,500,000 tenge, and a copy of the receipt of A S.T. confirming receipt of 3,000,000 tenge;
- to examine at the court hearing the victim K A. Galimovich, telephone number **+7 701 **, and A S. Tenesbekovna, telephone number **+7 771 **, in order to confirm the fact that they received the money.
Attachments: receipt of K A.G.; receipt of A S.T.
Defense Counsel G.T. Sarzhanov
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