Petition from the suspect's defenders to terminate the criminal case to the District Prosecutor

 

 

 

 

 

To the prosecutor of Talgar district of Almaty region

To E. Bekmanov

from the defenders of the suspect, U. K.K. – lawyers

Nigmetova S.D., Sarzhanova G.T.

 

a motion for termination of the criminal case.

The investigation of the criminal case registered in the ERDR for No. 231962031002008 against UK K, suspected of committing a crime under Articles 24, Part 1 – 120, Part 1 of the Criminal Code of the Republic of Kazakhstan, has been completed by the Department of the Talgar district Police Department of the Almaty region. The criminal case was sent to the Prosecutor's Office of Talgar district of Almaty region.

We believe that this criminal case should be terminated on the following grounds.

According to paragraphs 1) of Part 1, Part 2 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, a criminal case is subject to termination for the absence of elements of a criminal offense in the act, both if the absence of an event of a criminal offense or elements of a criminal offense is proven, and if their presence is not proven, if all possibilities for collecting additional evidence have been exhausted.

According to the materials of the criminal case, according to the victim and A.S., the suspect Umarov K.K. broke into the bathhouse, breaking down the doors. However, during the investigation of the criminal case, the fact that UK.K. was in the bathhouse was not confirmed in the materials of the criminal case. During the inspection of the scene in the bathhouse, the fingerprints of the suspect Umarov K.K. were not found and were not included in the materials of the criminal case.

In addition, in her testimony, the victim and A.S. say that U.K.K. used violence against her, grabbed her by various parts of her body with his hands, and strangled her in the neck area. However, the nail slices were not removed from the suspect, UK K.K., for forensic examination to determine whether the biological material (skin) of the victim and A.S. were found in them. Also, according to A.S., she actively defended herself from the encroachment of Uk K.K. However, the nail slices were not removed from the victim and A.S. for forensic examination. examinations for the presence of skin or fabric fibers of the suspect's clothing in them.

There are also doubts about the reliability of the forensic medical examination conducted by the victim. According to expert opinion No. 20-08-12/13, the victim was examined on 06/23/2023, on the basis of a resolution dated 06/22/2023 based on ERDR No. 231962031001856. The victim refused to take photos. Thus, doubts arise about the reliability of the expert opinion that examined the victim. The interrogated expert To M.O. explained that there was a typo. We believe that the expert's testimony to M.O. They do not correspond to reality, since by the nature of his activity and having been warned about criminal liability under Article 420 of the Criminal Code of the Republic of Kazakhstan before conducting the examination, he could not make mistakes in such trifles, and based on his testimony it is impossible to establish the actual circumstances of the forensic examination. Which, accordingly, entails the unreliability of the conclusions presented by the expert to M.O. in the conclusion and the inadmissibility of expert opinion No. 20-08-12/13 as evidence.

The suspect Umarov K.K. was repeatedly examined by medical workers, according to their documents, no visible injuries were found on him. However, according to expert opinion No. 20-08-12/483, bodily injuries were found on the body of u.K.K. Thus, the conclusion of the expert who conducted the examination of Umarov K.K. is also questioned by us and entails the exclusion of the said expert opinion from the evidence in the case.

At the moment, it is not possible from our point of view to obtain samples for forensic examination in order to find the skin of the victim under the nails of the suspect or the skin of the suspect U.K. and the fibers of the fabric of his clothes under the nails of the victim.

During the interrogations and confrontations between the suspect u.K.k. and other participants in the investigation, the latter maintained stable testimony in which he denied the fact of sexual violence against the victim.

Thus, Umarov K.K.'s suspicion of attempted rape is based solely on the testimony of the victim. Which we consider insufficient for the final indictment and referral of the case to the court for consideration of the criminal case on its merits.

We believe that all the ways to establish the factual circumstances of the case have been exhausted or it is not possible to carry them out.

According to Part 3 of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan, irremediable doubts about the guilt of a suspect, accused, or 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.

According to paragraph 4) of Part 1 of Article 302 of the Criminal Procedure Code of the Republic of Kazakhstan, the prosecutor terminates the criminal case in full or in part on the grounds provided for in Articles 35 and 36 of this Code.

Based on the above in accordance with Article 70 of the Criminal Procedure Code of the Republic of Kazakhstan, we request:

- terminate the criminal case No. 231962031002008 against UKK for the absence of elements of a criminal offense in the act.

Lawyers Nigmetov S.D., Sarzhanov G.T.

                                                               17.10.2023

 

 

 

 

 

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