On compensation for losses caused to a citizen by an unlawful conviction

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.

To the Saryarkinsky district Court

Astana city

                                       Plaintiff: Kim Yuri Sergeevich

        Born on 19.06.1980

                                                                     IIN 600466345654

                                      address: Almaty, 55/86 Seifulina St.

                                                      Phone: 8 777 896 63 21

                                Respondent: Ministry of Finance

                                                                            RK address: Astana, Pobedy ave., 11

STATEMENT OF CLAIM

(on compensation for damages caused to a citizen by an unlawful conviction)

On July 02, 2018, Kim Yu.S. was charged with committing crimes under art. 259 part 2, part 3 of paragraphs a, art. 250 part 2 of paragraphs d, e, art. 325 Part 3 of the Criminal Code of the Republic of Kazakhstan and on the same day a preventive measure was chosen against him in the form of detention with detention in SIZO No. 1 in Almaty.

 

On October 23, 2018, the Medeu District Court of Almaty examined the criminal case against Kim Yu. He was found guilty of committing crimes under art. 259 part 2, part 3 of paragraphs a, art. 250 part 2 of paragraphs d, e, art. 325 Part 3 of the Criminal Code of the Republic of Kazakhstan and sentenced him to imprisonment for a period of 11 years with confiscation of property while serving his sentence in a high-security penal colony. By the decision of the Appellate Judicial Board of the Almaty City Court dated January 12, 2019, Kim Yu. He was acquitted of all charges against him due to the lack of evidence of his involvement in the commission of the crime and rehabilitated. As a result of the unlawful conviction of Kim Yu. material damage was caused, resulting in the cost of legal aid for a lawyer in the amount of 1,500,000 tenge. In addition, after the detention of Kim Yu., the management of AZIMUS LLP, in which Kim Yu. He worked as a sales representative, and on August 12, 2018, his employment contract was terminated, as a result of which the plaintiff suffered damage in the form of lost earnings totaling 3,825,000 tenge (based on the salary received by the plaintiff in the amount of 225,000 tenge per month).

 

Also Kim Yu.  moral damage was caused, which, taking into account the moral sufferings and experiences suffered by the plaintiff, is estimated at 10,000,000 tenge. In accordance with Articles 9, 922, 923 of the Civil Code of the Republic of Kazakhstan, Articles 148-149 of the Civil Procedure Code of the Republic of Kazakhstan,

ask:

To recover in favor of Kim Yu. in compensation for material damage caused as a result of unlawful conviction 5,325,000 tenge.

2. Collect in favor of Kim Yu. compensation for moral damage in the amount of 10,000,000 tenge.

Application: 1. Copies of the statement of claim. 2. A copy of the resolution dated 07/02/2018 on the election of a preventive measure against Kim Yu. in the form of detention; 3. A copy of the verdict of the Medeu District Court of Almaty dated 05/23/2015 8.; 4. A copy of the decision of the appellate board of the Almaty City Court dated 01/16/2019; 7. Copies of documents confirming the amount of Kim B.'s monthly income; 8. Copies of documents on payment for the services of a lawyer; 9. Copies of documents on release Kim Yu; 10. A copy of Kim Yu's identity card; 11. Copies of Kim Yu's medical records.; The plaintiff                                                  

____________/ Kim Yu. "_____"_________________ 2019 G. The Lawyer:                                                                  ________________/Sarzhanov G.T. "___"___________2019 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. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases