MOTION TO THE SPECIALIZED INTERDISTRICT INVESTIGATIVE COURT FOR ATTACHMENT OF MATERIALS

To the Specialized Interdistrict Investigative Court of Almaty

To the Presiding JudgeZh.K. Iskakbayeva

from the defense counsel of the suspectBoi Mi Tursungalievna

– Attorney Galymzhan Turlybekovich Sarzhanov

Law Firm “Zakon i Pravo”050002, Almaty, 

Almaly District,79/71 Abylai Khan Avenue, Office 304

info@zakonpravo.kzwww.zakonpravo.kz

Tel.: +770085785758, +7 7009785755

MOTION

A motion by the investigator for authorization of detention as a measure of restraint against Boi M.T. is pending before the Specialized Interdistrict Investigative Court of Almaty (Case Material No. 7595-26-00-2-3m/3319).

Pursuant to Part 1 of Article 138 of the Criminal Procedure Code of the Republic of Kazakhstan, when deciding whether it is necessary to apply a measure of restraint 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 Part 2 of Article 137 of this Code, the following shall be taken into account:

1. the gravity of the criminal offense committed;
2. the identity of the suspect or accused and his or her age;
3. health condition;
4. family status and the presence of dependents in the family;
5. the strength of the suspect’s or accused’s social ties;
6. the reputation of the suspect or accused;
7. occupation;
8. whether the suspect or accused has a permanent place of employment or education;
9. financial status;
10. whether the suspect or accused has a permanent place of residence and other circumstances.
11. In the absence of the grounds listed in Article 136 of this Code, the gravity of the criminal offense committed may not constitute the sole ground for selecting detention as a measure of restraint.

During the interrogation and confrontations, Boi M.T. informed the investigator that she had borrowed money from the victims at interest. In support of Boi M.T.’s statements, screenshots of correspondence from the WhatsApp mobile application and statements from Kaspi Bank were provided, which were attached to the criminal case materials by a decision of the investigator.

All of the above circumstances were subject to verification, and only after such verification should the investigator have decided whether to recognize Boi M.T. as a suspect and what measure of restraint should be applied against her.

Based on the foregoing, I REQUEST:

– to attach to the materials of the investigator’s motion for authorization of detention as a measure of restraint against Boi Mi Tursungalievna a copy of the investigator’s decision granting the motion to attach the Kaspi Bank statement, copies of the receipts, and screenshots of the correspondence between Boi M.T. and A. S.T.;

Attachments:Copy of the decision granting the motion.

Defense Counsel Sarzhanov G.T. 

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