Petition for the election of a preventive measure in the form of house arrest

 

To the senior investigator of the OP at the UE of the Medeu district of the DP of Almaty

to Police Major Kabitova D.K.

 

from the defense attorney of the suspected fighter

Tursungalievna – lawyer Sabit Davletovich Nigmetov

IIN 820125350700

79 Abylai Khan Ave., office 304, Almaty

Phone: 87009785755

 

 

 

the petition.

 

There is a criminal case against Boya Tursungalievna on the fact of fraudulent actions in the proceedings of the OP at the UP of the Medeu district of the DP of Almaty.

The issue of choosing a preventive measure against Boy M.T. is currently being resolved.

According to Part 1 of Article 138 of the CPC of the Republic of Kazakhstan, when deciding on the need to apply a preventive measure and which one, in addition to the grounds specified in Article 136 of this Code, as well as the establishment of additional restrictions specified in part two of Article 137 of this Code, should also be taken into account:

     1) the gravity of the crime committed;

     2) the identity of the suspect, the accused, his age;

     3) Health status;

     4) marital status, presence of dependents in the family;

     5) the strength of the suspect's and the accused's social ties;

     6) the reputation of the suspect, the accused;

     7) occupation;

     8) whether the suspect or the accused has a permanent place of work or study;

     9) property status;

     10) the presence of a permanent place of residence and other circumstances.

     2. In the absence of the grounds listed in Article 136 of this Code, the gravity of the crime committed may not be the only reason for choosing a preventive measure in the form of detention.

Ba M.T. lives with her spouse and children, has not been previously prosecuted, and has a permanent place of residence.

According to Article 70 of the CPC of the Republic of Kazakhstan, the defender has the right to file petitions.

According to Article 99 of the CPC of the Republic of Kazakhstan, the petition is subject to consideration 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.

Based on the above, I ask:

- to attach to the case file a copy of the marriage certificate, copies of the birth certificates of the children B. A., K. Temirlan, K.Janel.

- to choose a preventive measure in the form of house arrest in relation to Boya Tursungalievna.

Appendices: marriage certificate, birth certificate of B.A., K. T., K. J.

 

 

Defender S. Nigmetov

                                                                  03/19/2026

 

 

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