Petition on exclusion from the materials of the criminal case, recognizing the protocol of interrogation of the suspect as illegal and invalid as evidence
State institution of the Police Department of the Ministry
of internal affairs of the Republic of Kazakhstan, Turkestan region
"I don't know," he said.
Turkestan region, Maktaaral district, Myrzakent village,
Madykozhaev Street, building 14U. 8 725 41 2 12 02
+7 778 941 02 07.
From The Defender: Lawyer Sarzhanov Galymzhan Turlybekovich
Legal Office" law and law"
IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty,
Almaly district, Abylai Khan Ave., house 79/71, office 304.
www.zakonpravo.kz info@zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55.
Suspect: MCI
Yin
Turkestan region, M L district,... village, zh Street, house 12.
Application form
On exclusion from the materials of a criminal case, recognizing the protocol of interrogation of a suspect as illegal and invalid as evidence
The Republic of Kazakhstan, having established itself as a democratic, secular, legal and social state, its highest values are man, human life, rights and freedoms (paragraph 1 of Article 1 of the Constitution).
At the same time, everyone has the right to defend their rights and freedoms in all ways that do not contradict the law, and to receive qualified legal assistance (paragraphs 1 and 3 of Article 13 of the Constitution).
In your production, the materials of the criminal case No. 255143031000056 in relation to the E. K. A. on the signs of the composition of the criminal offense provided for by Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan are being considered.
During the investigation, E. K. A was detained on March 2, 2025 in accordance with Article 131 of the Criminal Code of the Republic of Kazakhstan for intentional acts aimed at inciting religious discord, insulting national honor and dignity or religious feelings of citizens, and was arrested in a temporary detention center of the Police Department of Maktaaralsky district, and then arrested in a pre-trial detention center, sanctioned by the investigative court.
You can find the following information in a criminal case of your own production: “suspect E. A. from 01.07.2024 to 01.01.2025 his acquaintance was a resident of the House No. 11b, Kazakhstan Street, Atakent Village, Maktaaral district, born on 23.06.1991. Together with Baglan Yerzhanovich Musabekov, 40 people in the group "Atakent brethren" and "Brethren" on the social network "watsap" deliberately committed the crime of inciting religious discord by repeatedly distributing the sermons of "Dilmurat Abu-Muhammad" Mahamatov Dilmurat and "Nazratullah Abu-Mariam"prohibited by law to promote the religion of a negative orientation. "you're in charge.
In order to conduct a thorough investigation of these motives, you will need to register on March 1, 2025 at 15 hours. From 35 minutes to 16 hours. Within 10 minutes, you completed the protocol of interrogation of the suspect.
Section 4 of Article 216 of the Criminal Code of the Republic of Kazakhstan as for the specifics of interrogation of a suspect, it states that in cases provided for in Article 67 of this code, the presence of a defender is mandatory, taking into account the provisions of part two of Article 69 of this code.
However, during the discussion of this protocol in the pre-trial detention center on 03.04.2025, the investigation revealed a gross violation of Section 4 of Article 216 of the criminal legislation of the Republic of Kazakhstan.
In fact, on March 1, 2025, at 15 o'clock. From 35 minutes to 16 hours. During the interrogation of the suspect within 10 minutes, it was found that the defender was not present, and we believe that the signature of S. Aknazarov, called as a defender in the protocol, was put later or with another person.
You are a member of the CPC of the Republic of Kazakhstan 60-64, 80, 81, 110, 115, 197, 199, 208-210, 212, 216 it is established that the interrogation was carried out in violation of the requirements of the code without compliance with the norms of articles.
Article 64 of the Criminal Code of the Republic of Kazakhstan. When detaining a suspect, before starting any investigative actions in the presence of a suspect, the criminal prosecution body is obliged to immediately explain to the suspect his rights provided for by this code, a note is made in the protocol of interrogation of the suspect and in resolutions on recognizing the person as a suspect and qualifying the actions of the suspect.
In alaly, the norms of this article were formally drawn up by the investigation, and in fact, the rights of the suspect before interrogation were not explained.
Factual data inadmissible as evidence in accordance with Article 112 of the CPC, if they are obtained in violation of the requirements of this code, contribute or may contribute to the reliability of factual data obtained during a pre-trial investigation or trial of a case by depriving the participants in the process of rights guaranteed by law or by: Factual data obtained in violation of Criminal Procedure Law shall be recognized as inadmissible data as evidence and shall not be subject to prosecution, nor shall they be used in proving any circumstances specified in Article 113 of this code.
In accordance with Section 3 of Article 60 of the Criminal Code of the Republic of Kazakhstan, the investigator is obliged to carry out criminal prosecution by taking all measures for a comprehensive, complete and objective study of the circumstances of the case.
Participants in criminal proceedings have the right to apply to a person conducting a pre-trial investigation in accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan with a request to establish circumstances relevant in the criminal process, conduct procedural actions or make procedural decisions to ensure the rights and legitimate interests of the person who applied with the petition. It must be satisfied if the petition contributes to a comprehensive, complete and objective study of the circumstances of the case, ensuring the rights and legitimate interests of participants in the process or other persons.
The petition is subject to consideration and resolution as soon as it is declared. In cases where it is not possible to make a decision on the application immediately, it must be resolved no later than three days from the date of its application.
In accordance with Article 24 of the Criminal Code of the Republic of Kazakhstan, the investigator, Inquirer is obliged to take all measures provided for by law for a comprehensive, complete and objective study of the circumstances necessary and sufficient for the correct resolution of the case.
Based on the above and in accordance with articles 24, 99, 112, 210, 211 of the Criminal Code of the Republic of Kazakhstan,
Please:
* Suspect E. K. Atan on March 1, 2025 at 15 o'clock. The protocol of interrogation of a suspect between 35 minutes and 16 hours and 10 minutes - exclusion from the materials of a criminal case with the recognition of illegal and unsuitable as evidence;
* Respond to this request within the time limits established by Article 99 of the Criminal Code of the Republic of Kazakhstan.
With respect,
Lawyer: Sarzhanov Galymzhan Turlybekovich
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
