Petition for the application of another preventive measure / Statement of the defender to the investigative court
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To the Specialized Interdistrict Investigative Court of Almaty to Judge E.K. Karibaev.
Almaty, md. Orbita -2 house 20a 2 8727 (333)-14-60
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. Suspect: K.A.T. born on 05/26/1977
Petition for the application of another preventive measure
instead of keeping the suspect in custody for up to 4 months
Dear Court, We do not agree with the charges against my client, as there are no grounds for detention. The defendant KAT has no previous criminal record, has not been brought to criminal responsibility, has a permanent place of residence, and his identity has been established. CAT., does not intend to hide from the criminal prosecution authorities or the court, or to obstruct an objective investigation of the case or its trial in court. In addition, K.No.A.T., from a civil marriage with his spouse from K.Z.B. has 4 minor children, preschool and school age:
K.A.A.10.born in 2009;
K.A.A.born on 04.2013;
K.I.A.10.born in 2014;
K.A.07.born in 2020
And also, the actions of the defendant are not qualified correctly. There are grounds for exemption from criminal liability and further detention in accordance with Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, which stipulates that the proceedings are terminated on the grounds provided for in paragraphs 1) and 2) of part one of this Article, both if the absence of an event of a criminal offense or the composition of a criminal offense is proven, and if their presence is not proven, if all possibilities for collecting additional evidence have been exhausted. My client's guilt has not been confirmed, suspicion of committing a criminal offense, there are no grounds for applying a preventive measure in the form of detention to the detainees, the detention was carried out in significant violation of the requirements of Article 131 of the Criminal Procedure Code of the Republic of Kazakhstan, that is, during the arrests they did not invite a defense lawyer, did not inform relatives, did not give an opportunity to call a lawyer, and there are no legitimate grounds for the relatives for detention.
Petition for the application of another preventive measure / Statement of the defender to the investigative court
Article 19. of the Criminal Procedure Code of the Republic of Kazakhstan "Presumption of innocence" Everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for in this Code and established by a court verdict that has entered into force. No one has to prove their innocence. Irremediable doubts about the guilt of the suspect, the accused, the defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws should also be resolved in favor of the suspect, the accused, and the defendant. This is evidenced by the testimony of witnesses and victims that, in fact, my client helped employees from more serious damage from the maddened crowd who literally tortured law enforcement officers. This fact contradicts Part 4 of Article 414 of the Criminal Code of the Republic of Kazakhstan (Knowingly illegal detention, detention or detention). Deliberate failure to inform the suspect's relatives of the fact of his detention and location, illegal refusal to provide information about the place of detention of a person to a citizen who has the right to receive such information, as well as falsification of the time of drawing up the protocol of detention or the time of actual detention.
According to Part 2 of Article 138 of the Criminal Procedure Code of the Republic of Kazakhstan (Circumstances taken into account when choosing a preventive measure and establishing additional restrictions) In the absence of the grounds listed in Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan (the defendant does not intend to hide from the criminal prosecution authorities or the court, or they will prevent an objective investigation of the case or its trial in court), the severity of the crime committed cannot be the only reason for choosing a preventive measure in the form of detention. According to art.136 part 1-1 of the Criminal Procedure Code of the Republic of Kazakhstan. When choosing a preventive measure against a suspect or accused, it is necessary to consider the possibility of applying a less severe preventive measure, if any, provided for in art. 137, paragraph 1, paragraph 1.2.3.4.5.6. To date, my client's relatives, namely sister KAT, born on 03/13/1975, are ready to make a deposit in the form of cash as collateral, as indicated by Testifies to her Statements to the court about her willingness to pay bail for her brother. In accordance with article 145. "Bail" of the Criminal Procedure Code of the Republic of Kazakhstan "Bail consists in depositing money by the suspect, the accused or another person into a court deposit to ensure that the suspect or the accused fulfills their duties to appear before the person conducting the pre-trial investigation, the prosecutor or the court upon their summons, as well as in order to prevent them from committing new intentional criminal offenses. Other valuables, movable and immovable property, which are subject to arrest, may be accepted as collateral. Proving the value of the pledge and the absence of encumbrances are the responsibility of the pledgor. On the grounds of the above and in accordance with Articles 136, 137, 145 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
To refuse to grant the Investigator's request to extend the period of detention of the suspect for up to 4 months.;
To apply a preventive measure in the form of bail against my client, born on 05/26/1977.
Sincerely, Lawyer: ___________/Sarzhanov Galymzhan Turlybekovich "___" ________ 2022 the year
President
Republic of Kazakhstan
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