On compensation for damages by unlawful conviction and criminal prosecution
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Judicial Board for Civil Cases of the Supreme Court of the Republic of Kazakhstan
The plaintiff: _________________ 22.01.1981 G.R. IIN 810122200355 Almaty, _________________ , 180-21 contact phone number: _________________
Representative from the plaintiff on the warrant and power of attorney: Representative Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T.
Almaty, Bukhar zhyrau, 64, office 15. + 7 (708) 578 57 58. The price of the claim is 6,000,000 tenge
The petition
on the revision of the decision of the Bostandyk District Court of Almaty dated 25.06.2018, which entered into force, the decision of the Judicial Board for Civil Cases of the Almaty City Court dated 01.08.2018
By the decision of the Bostandyk District Court of Almaty dated 08/10/2018 in satisfaction of the claim ________________. The claim for recovery of material damage and moral damage caused as a result of illegal criminal prosecution was refused. By the decision of the judicial board for civil cases of the Almaty City Court, the decision was left unchanged, the appeal was dismissed. I consider judicial acts to be illegal and unjustified due to the incorrect application of substantive law, incorrect definition and clarification of the range of circumstances relevant to the case. By the verdict of the district court no.2 Bostandyk district of Almaty dated February 1, 2018 ________________ He was sentenced under art. 188 part 1 of the Criminal Code of the Republic of Kazakhstan to restriction of liberty for a period of 3 years. By the decision of the Appellate Judicial Board for Criminal Cases of Almaty dated March 10, 2018, the complaint was dismissed, the verdict of the court was unchanged. By the resolution of the Cassation Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan dated July 25, 2018, the verdict of the district court No.2 of the Bostandyk district of Almaty dated February 1, 2018, and the decision of the Almaty Criminal Appeals Board dated March 10, 2018 was canceled. The criminal case was terminated for lack of evidence of a crime. According to paragraph 1 of Article 923 of the Civil Code, the damage caused to a citizen as a result of unlawful conviction and criminal prosecution is fully compensated by the state. In accordance with paragraph 1 of Article 922 of the Civil Code, the damage is compensated at the expense of the state treasury.
In accordance with the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 2, paragraph 1 of Article 922, paragraphs 1 and 2 of Article 923, paragraph 3 of Article 951 of the Civil Code, regardless of the fault of the harm-doer, moral damage caused to a citizen as a result of: publication by state bodies is compensated from the state treasury (funds of the republican or local budget). acts that do not comply with legislative acts; unlawful conviction; unlawful prosecution; illegal use of detention, house arrest, and recognizance not to leave as a preventive measure; illegal imposition of administrative penalties in the form of arrest; illegal placement in a psychiatric or other medical institution; in other cases provided for by legislative acts. In accordance with paragraph 22 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated March 20, 2003 No. 2 "On the application by courts of certain norms of civil procedure legislation" "in accordance with Articles 412, 413 of the CPC, the court of appeal, based on the materials available in the case and additionally submitted, verifies the legality and validity of the decision of the court of first instance in full. The full scope of the review of the court's decision should be understood as verifying the correctness of the establishment by the court of first instance of the factual circumstances of the case, the application or interpretation of substantive and procedural law."
The Judicial Board for Civil Cases of the Almaty City Court did not pay due attention to this case. Contrary to the requirements of the law obliging the higher authority to eliminate the violations and make up for the shortcomings, she ignored the plaintiff's arguments set out in the appeal and duplicated the conclusions of the court of first instance, issued an unlawful ruling, finding no grounds to change the illegal and unjustified decision of the district court. Based on the above and in accordance with Articles 434-436, 444, paragraph 8, Part 2, Article 451 of the CPC RK,
I ASK THE COURT:
1. To conduct a preliminary examination of the petition with the request of the materials of the civil case.
2. To submit the petition with the case for consideration at the court session of the cassation instance.
3. The decision of the Bostandyk District Court of Almaty dated 08/10/2018, the decision of the Judicial Board for civil Cases of the Almaty City Court - to cancel and make a new decision in satisfaction of the claim for recovery of material damage and moral damage caused as a result of unlawful prosecution.
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________20__ the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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