Petition for termination of the criminal case at the stage of pre-trial investigation

 

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To the inquirer of the Department of inquiry of the DP of Almaty

to police captain V.I. Abdullaev.

Almaty, 050012, ul. Masanchi, 57 "A". +7 707 342 02 02 .

from: Defense attorney Galymzhan Turlybekovich Sarzhanov

Law and Law Law Firm

BIN 201240021767 Almaty, 79/71 Abylai Khan Ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758

in the interests of: A.G.H. IIN ... Almaty mkr.Taugul-3 st.Sh...,36. +7-777-.....; +7-702-.......

 

The petition

on termination of the criminal case at the stage of the pre-trial investigation

In your production there are materials of the criminal case No. 217500031000128, registered in the EP of the Republic of Kazakhstan on the grounds of a criminal offense provided for in art. 385, Part 3, of the Criminal Code of the Republic of Kazakhstan. As part of the pre-trial investigation of the case, it was established that Mr. A.G.H. applied to the Center for the Bologna Process and Academic Mobility through the NAO e-Government in order to nostrify educational documents, namely the diploma series VSG-3895229 on graduation from the Russian State Medical University registration number 2125 dated June 24, 2007. According to the response from the Ministry of Health of the Russian Federation of the Federal State Autonomous Educational Institution of Higher Education "Russian National Research Medical University named after N.I. Piragov", it follows that gr. Aitbaev G.H. diploma VSG 3895229 registration number 2125 dated 06/24/2007 was not issued and is not legitimate.

Petition for termination of the criminal case at the stage of pre-trial investigation

Thus, the sanction of Part 3, Article 385 of the Criminal Code of the Republic of Kazakhstan provides for the use of a deliberately forged document - it is punishable by a fine of up to one hundred and sixty monthly calculation indices or correctional labor in the same amount, or community service for up to one hundred and sixty hours, or arrest for up to forty days. Which, in accordance with art. 10 of the Criminal Code of the Republic of Kazakhstan, relate to crimes and criminal misconduct. In accordance with paragraphs 1, part 1, art. 71 of the Criminal Code stipulates that a person is released from criminal liability if one year has elapsed since the commission of the criminal offense. Accordingly, we consider that in this criminal case there is a need to be released from criminal liability due to the expiration of the statute of limitations, thereby restoring public justice. In addition, according to Part 4, art. 71 of the Criminal Code of the Republic of Kazakhstan, an act or omission is not a criminal offense, although it formally contains signs of an act provided for in the Special Part of this Code, but due to its insignificance it does not pose a public danger. In accordance with clauses 14, 6, and 78 of the Criminal Code of the Republic of Kazakhstan, a witness entitled to defense has the right to file petitions concerning his rights and legitimate interests. Article 99 of the CPC of the Republic of Kazakhstan provides that Participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with petitions for procedural actions or making procedural decisions to establish circumstances relevant during the criminal process, to ensure the rights and legitimate interests of the person who filed the petition or the person they represent. The application is subject to review and resolution immediately after its application. In cases where an immediate decision on the application is not possible, it must be resolved no later than three days from the date of the application. In accordance with Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator and the inquirer are obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case.

Petition for termination of the criminal case at the stage of pre-trial investigation

Based on the above and in accordance with Articles 24, 78, 66, 99 of the CPC of the Republic of Kazakhstan, as well as Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from Individuals and Legal Entities",

ask you:

Terminate criminal case No. 217500031000128 at the stage of pre-trial investigation in relation to a witness entitled to defend A.G.Kh., upon the commission of a crime provided for in art. 385, Part Z, of the Criminal Code of the Republic of Kazakhstan;

To respond to the application within the prescribed time limits.

Sincerely, Lawyer: ____________/ Sarzhanov G.T.

According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.

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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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