Petition for review of the verdict that has entered into legal force

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Judicial Board for Criminal Cases of the Supreme Court of the Republic of Kazakhstan

From ___________________ IIN: ___________________. 050063,

city of Almaty, ___________________. 4, 4. +7 (702) 12369

Representative Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T.

Almaty, Bukhar zhyrau, 64, office 15. + 7 (708) 578 57 58.

THE PETITION

On the review of the verdict that has entered into legal force

Bostandyk District Court No. 2 of Almaty dated 04/15/2016, the decision of the Appellate judicial board of the Almaty City Court dated 06/04/2016 by the verdict of the District Court No. 2 of Bostandyk district of Almaty dated 04/15/2016 ______________ He was found guilty of committing a crime under Article 106, Part 2 of the Criminal Code of the Republic of Kazakhstan. The sentence was imposed in the form of 5 years and 6 months of imprisonment to be served in a general regime penal colony. By the decision of the Appellate judicial board of the Almaty City Court dated June 04, 2016, the verdict was upheld, the appeal was dismissed. With the verdict of the district court no.2 of the Bostandyk district of Almaty dated April 15, 2016, do not agree with the decision of the appellate judicial board of the Almaty City Court dated June 04, 2016, we consider them unfounded, illegal and subject to cancellation on the following grounds: In accordance with art.393 Part 3 of the Criminal Procedure Code of the Republic of Kazakhstan, a conviction cannot be based on assumptions and is decided only on condition that during the trial, the defendant's guilt in committing a criminal offense was confirmed by the totality of evidence examined by the court. The criminal prosecution authorities have accused my client of being in a group of people with-______________., ______________. and by another unidentified person, out of hooligan motives, on 01.01.2016, at about 04 a.m., he inflicted grievous bodily harm on Mr. ______________., caused the death of the victim.

This accusation is based only on the testimony of the deceased's stepfather. – ______________., who is an interested party in the case. So, ______________. During the interrogation during the investigation and in court, he testified that on 01.01.2016 at about 04:00 a.m. in the courtyard of house No. 12 in the MRK. Kazakhfilm" there was a verbal altercation between him and my client Kiselyov E. about incorrect parking of a car. At the same time, Maslov claims that when he left the cabin of his car ______________., having seen that ______________. much older than him, I told him that the conflict was settled. However, at that moment, his son approached them. ______________. And seeing him, ______________. He started swearing at me again. ______________., He attacked his son and began hitting him on the head with his fists. After ______________. and ______________. They fell between the cars, and he tried to separate them. At that moment, three men got out of Kiselyov E.'s car, one of them had a metal object in his hands. These men began beating him and his son, while one of them struck his son on the head with a metal object. After that, he lost consciousness and doesn't remember anything else.

PETITION FOR review of the verdict that has entered into legal force

The indicated indications of gr-na ______________. they conflict with other evidence collected in the case. During the preliminary investigation and trial, my client gave stable testimony, claiming that on 01.01.2016, at about 5 o'clock, when he drove his Toyota Camry 40 car into the courtyard of his house No. 12 in the MKR. Kazakhfilm. In the courtyard of this house, he saw a Subaru Forester car, which blocked the entrance to the courtyard of the house. He honked his horn and "punched" in order for this car to drive away so that he could drive into the courtyard of his house. However, the driver of this car did not react in any way and did not clear the passage. Then he got out of his car and approached the Subaru Forester car and made a remark to the driver, as it turned out later, he was ______________., and I asked him to leave. However, Maslov responded to him in a rude manner, which led to a verbal altercation between them in raised tones and using profanity. The initiator of this verbal altercation was Maslov, who was the first to insult my client.

However, when Maslov got out of his car, my client saw that he was much older than him, and out of respect for his years, he told him that the conflict was over, turned around and began to return to his car to drive back himself and let Maslov pass. However, at that moment, a young guy he didn't know earlier approached the car, as it later became known, it was his son. ______________ – gr-n ______________., 1990 G.R., who He began to insult my client for no reason and was the first to strike him several blows with his fists in the head area. My client began to defend himself from the blows, grabbed ______________. and together they fell to the ground. At that moment, he felt a blow from a metal object in the area of his head. He did not see who exactly struck him this blow, but suspects that it could only be done by ______________, because he didn't see anyone else around. After that, he covered his head with his hands, because ______________ My son and I were kicked on his head and torso. At that moment, he briefly lost consciousness and does not remember what happened next. When he came to himself, he saw that he was lying on the ground covered in blood, and several people were fighting near him, among whom he saw his acquaintances. ______________. and ______________A.

He tried to stand up to separate the fighting, but could not get to his feet. After that, police officers arrived and detained all the fighters, including him. Then, upon arrival at the Department of Internal Affairs of the Bostandyk district of Almaty, he became ill and an ambulance team arrived and took him to the GKP at PCV No. 7 with a diagnosis of concussion, multiple bruises, bruises on his head and torso. In addition, upon arrival at the Department of Internal Affairs of the Bostandyk district, my client submitted an application for taking measures against the persons who beat him. In addition to the testimony of my client, the fact of the beating ______________ E. victims ______________ ym and ______________ they are confirmed by the conclusion of the forensic medical examination No. 456-12/11 dated 17.01.2016 on the presence of beatings on the body of ______________. Similar testimony was given by the convicts questioned during the trial. ______________ P. and ______________ A. Under such circumstances, my client could not harm the victim. ______________. any blows that caused his death. However, despite the apparent lack of action ______________ E. the court of first instance and the appeals board, instead of passing an acquittal in accordance with Article 394, part 2, paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan, an acquittal is pronounced if the defendant's participation in the commission of a criminal offense has not been proven.

Based on the above, guided by Articles 486, 488, 491, part 1, paragraph 1, 494, part 7, paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan,

ask:

To initiate proceedings to review the verdict of the District court No. 2 of the Bostandyk district of Almaty dated 10.12.2015, in respect of ______________ 106, Part 2 of the Criminal Code of the Republic of Kazakhstan, the decision of the Appellate Judicial Board for Criminal Cases of the Almaty City Court dated 12.02.2016, and to consider the petition in the Judicial Board of the Supreme Court of the Republic of Kazakhstan;

2. The verdict of the district court No. 2 of the Bostandyk district of Almaty dated 10.12.2015, in respect of ______________ E.S. according to Article 106, Part 2 of the Criminal Code of the Republic of Kazakhstan, the decision of the Appellate Judicial Board for Criminal Cases of the Almaty City Court dated 12.02.2016 was canceled and the case was dismissed.

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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