Petition For recognition of evidence as inadmissible

 

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 (700) 978 5755, +7 (700) 978 5085.

To court _____________ city district_______________

The Private prosecutor: ___________________________ ( Full name, year of birth)

resident at: _______________________ ( address and phone numbers)

The defendant in a private prosecution case: ____________________________________________,

(Full name and year of birth)

resident at: _____________________ ( Your address and his phone numbers)

 

THE PETITION

On the recognition of evidence as inadmissible

 

There is a complaint pending in your case ______________ in the order of private prosecution (full name of the private prosecutor) of me (under Part 2 of art. 130 and Part 2 of Art. 131 of the Criminal Code of the Republic of Kazakhstan) – appendix No. 1 and my complaint about the involvement of ________________to criminal liability under part ___ of art. 130 and part ___ of art. 147 of the Criminal Code of the Republic of Kazakhstan. (FULL name of the person you are accusing in private) As an attachment to the complaint ________ (full name of the private prosecutor), my review from "___"________201__ G. (Appendix No. 2). This review has been compiled and sent "___" ____________ 201___ G. a lawyer for a consulting LLP "____________" - ________________________, invited to (FULL NAME of the lawyer) provide me with legal services, which is confirmed by a screenshot from my email mail (Appendix No. 3). As follows from my explanations, I did not have the time and appropriate conditions (access to a computer) to review and understand the review (the review was sent by a lawyer late at night "___" _________ 201__ G. before the preliminary interview). I signed the review before handing it over to the judge, and then handed it over to the court's civil affairs office. ___________ city district____________.

 

This indicates that I have a lawyer. _________( FULL NAME of the lawyer) did not explain my rights and obligations, the content of the review and the semantic meaning of the words used in the review, as well as the consequences of the legal terms used in the review. In addition, according to a 2004 review of judicial practice in cases of protection of personal non-property rights and business reputation: "A response to a statement of claim cannot be recognized as spreading information discrediting the honor and dignity of a party to the case, since it is not a statement addressed to an organization, an official, or a message in another form to several persons or at least at least one person.

Such objections, as already mentioned, are the right of the party to choose its opinion and position on the stated claim by virtue of the requirements of art. 15 of the CPC RK." A decision in absentia in the said civil case was made "____" _______ 201__ G., has not yet entered into legal force, and therefore, the circumstances established in the absentee decision do not have a prejudicial significance for all state bodies.

Thus, the information contained in the review prepared by lawyer _______ (FULL NAME) and submitted by me should be considered inadmissible as evidence, since they were obtained in violation of the requirements of the Criminal Procedure Code of the Republic of Kazakhstan, do not relate to a criminal case and cannot confirm, refute or cast doubt on the conclusions about the existence of circumstances relevant to the case, since the information provided in the review - They do not constitute the dissemination of information discrediting the honor and dignity of a party to a case, and they do not constitute a statement addressed to an organization, official, or other form of communication to several persons or at least one person.

In accordance with Part 1 of Article 111 of the Criminal Procedure Code of the Republic of Kazakhstan, evidence in a case is legally obtained factual data, on the basis of which, in accordance with the procedure established by criminal procedure law, the body conducting the criminal process establishes the presence or absence of a criminal act, the commission or non-commission of this act by the accused, his guilt or innocence, as well as other circumstances relevant to proper resolution of the case.

It follows from the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated 04/20/2006 "On certain issues of evaluating evidence in criminal cases" that evidence is considered inadmissible in cases of violations of human and civil rights guaranteed by the Constitution of the Republic of Kazakhstan, establishing the circumstances specified in art. 112 of the Criminal Procedure Code of the Republic of Kazakhstan. Articles 13 and 20 of the Constitution of the Republic of Kazakhstan proclaim the right to judicial protection and freedom of speech and creativity.

As indicated in paragraph 10 of the above-mentioned regulatory resolution, when evaluating the evidence presented in a case, the courts must carefully check whether the requirements of the law ensuring the right of the accused to protection during their collection and consolidation have been complied with.

112 of the CPC RK, factual data should be declared inadmissible as evidence if they were obtained in violation of the requirements of the CPC RK, which, by depriving or restricting the legally guaranteed rights of participants in the process or violating other rules of criminal procedure during the investigation or trial of the case, affected or could affect the reliability of the factual data obtained., including with a significant violation of the procedure for the procedural action.

 

In accordance with Part 3 of Article 125 of the Criminal Procedure Code of the Republic of Kazakhstan, evidence is considered relevant if it is factual data that confirms, refutes or calls into question conclusions about the existence of circumstances relevant to the case.

On the basis of the above, in accordance with Articles 71, 111, 112, 125 and 362 of the Criminal Procedure Code of the Republic of Kazakhstan, I ask that the annex to the complaint be declared inadmissible and not considered as evidence and excluded from the materials of the criminal case.

(my signed review) ___________

in order to accuse me of committing offenses in private,

(Full name of the private prosecutor) provided for in Part 2 of Article 130 and Part 2 of Article 131 of the Criminal Code of the Republic of Kazakhstan – my review

from "___" ________ 201___ G.

The application is in copies:

1.A copy of the complaint ______________ as a private accusation from "___"_______ 201___ G.; (Full name of the private prosecutor)

2. The review I signed from "___" ___________ 201__ G.;

3. Screenshot from my email; Review of the Supreme Court's judicial Practice for 2004

Your full name, signature and date (the complaint with appendices must be submitted in three copies, the third copy (a copy of the complaint) with a stamp or a certificate of registration of the court office must be kept for yourself). 

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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