Petition for postponement of serving a sentence by a court verdict
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To the Bostandyk District Court No. 2 of the Bostandyk district of Almaty
from the convicted Zh.A.E., born on 06/05/1992, INN ....,
place of residence: Almaty, ul. ... house ..., 79.k.t. 8 778 .....
The petition
about the postponement of serving the sentence.
On 13.03.2020, by the verdict of the District Court No. 2 of the Bostandyk district of Almaty, I was found guilty of committing a criminal offense under art. 190, part 3, paragraph 1,4 of the Criminal Code of the Republic of Kazakhstan and sentenced to three years in prison. By the resolution of the Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan dated 07/02/2020, the above-mentioned court verdict was changed, based on art. 74 Part 1 of the Criminal Code of the Republic of Kazakhstan, the imposed punishment was postponed for two years. The time spent in custody in accordance with art.476 part 13 of the Criminal Procedure Code of the Republic of Kazakhstan, in accordance with art. 62 of the Criminal Code of the Republic of Kazakhstan is counted towards the term of serving the sentence. The head of the probation department of the Bostandyk district of Almaty appealed to the court to replace the sentence imposed on me with a milder type of punishment, in the form of restriction of liberty for the remaining term of 2 years, 7 months, and 15 days. By the decision of the District Court No. 2 of the Bostandyk district of Almaty, the submission of the head of the probation department of the Bostandyk district of Almaty to replace the imposed punishment with a more lenient type of punishment, in the form of restriction of liberty, was refused.
According to part 1 of Article 74 of the Criminal Code of the Republic of Kazakhstan, convicted pregnant women may be suspended by the court for up to one year. Convicted women with young children and men raising young children alone may be suspended by the court for up to five years, but not more than until the child reaches the age of fourteen. Currently, I am raising two young children of seven and two years of age alone, namely S.A.V. born on 17.11.2015, J.A.A. born on 17.09.2020. In addition, I am six months pregnant. During the postponement of serving her sentence, she realized the illegality of her actions, repented, and embarked on the path of correction. This is evidenced by the following circumstances. Namely, after my release, being self-employed, despite the fact that I was pregnant, so no one hired me, I fully paid off all legal costs, the state fee, the compulsory payment to the victims compensation fund, and fully paid off the civil claim collected from me in favor of the victim A.E.K. in the amount of 1,500 500 tenge, according to the court verdict. Moreover, at the present time, the victim T.A.K. more than two million tenge was reimbursed, that is, the damage was partially repaid. These actions already speak to my positive behavior. I am characterized only on the positive side, which is confirmed by the characteristics of the probation service, I have no violations of the Law. I am self-employed despite the fact that I am raising two young children, one of whom is only two years old, I am taking all measures to compensate for major damages. When, as everyone knows, the mother who gave birth to a child has the right to parental leave for up to three years. But, despite this, I am looking for all the ways out and any job to somehow feed my family and pay the damage. Accordingly, under these circumstances, in two years I was physically unable to fully repay the damage.
Moreover, for two years the quarantine regime has been in effect in the Republic of Kazakhstan in connection with the outbreak of the Covid-19 pandemic. A state of emergency was also introduced in January 2021 on the territory of Almaty. Moreover, two children live with me and are dependent on me, and I am currently six months pregnant. If the court does not grant this request, it will directly cause not only physical and moral suffering to me, but also, first of all, to minor minor children and my unborn child, which will not comply with the principle of reasonableness and justice. If I am sent to places of detention, the children will experience moral suffering accordingly, which will affect their psycho–emotional state. Since my children are seven and two years old, they need constant care and maternal affection due to their age. The excessively strict criminal punishment for me does not comply with paragraphs 1 and 2 of the Law of the Republic of Kazakhstan "On the Rights of the Child in the Republic of Kazakhstan", which protects: - The child's right to life, personal freedom, inviolability of dignity and privacy, and it is prescribed:
Every child has the right to life, personal freedom, inviolability of dignity and privacy.
The State ensures the personal inviolability of the child, protects him from physical and (or) mental violence, cruel, rude or degrading treatment, sexual acts, involvement in criminal activities and anti-social acts and other activities that infringe on the rights and freedoms of man and citizen enshrined in the Constitution of the Republic of Kazakhstan.
Article 9 of the Convention on the Rights of the Child stipulates that States Parties ensure that a child is not separated from his parents against their wishes, except in cases where the competent authorities, according to a court decision, determine in accordance with applicable law and procedures that such separation is necessary in the best interests of the child. The victims also do not object to the postponement of the sentence. Since the claim of the victim is A.E.K., and the court costs are fully paid off. T.A.K.'s claim has been partially settled. Being free, I will have a real opportunity to fully repay the damage to the victim T.A.K. In the future. I express the hope that the court will show humanity and deprive young children of the care of their mother at such a tender age.
Based on the above, guided by Part 1 of Article 74 of the Criminal Code of the Republic of Kazakhstan,
I beg:
- the sentence imposed by the verdict of the District Court No. 2 of the Bostandyk district of Almaty dated March 13, 2020, to be postponed for three years. When considering the complaint, my rights and interests will be defended by the lawyer of the Kostanay regional Bar Association, Nurlan Kaziullovich Zhanyspaev WhatsApp 8 701 ... Application:
Documents attesting to the repayment of the claim on 3 sheets
A copy of the birth certificates of two children ,
Copies of pregnancy information for J.A.E.,
Resolution of the Supreme Court of the Republic of Kazakhstan,
A copy of the notarized consent of the victim A.E.K.
September 20, 2022. J.A.E..
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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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