Petition on the conclusion of a procedural agreement on the admission of guilt in a criminal case

Attention! The law and Law Office asks you to pay attention to the fact that this document is generic and may not meet the requirements of your particular case. Our lawyers are ready to help by developing any legal document that suits your particular situation. For more information, you can contact your lawyer/lawyer by Phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.

 

To the judge of the Shu District Court of Zhambyl region Tleubekov M. M.

081128, Zhambyl region, Shu district, Shu city, Kunaev STR., 14 a

726-3213@sud.kz , 726-3267@sud.kz 8 7264 32 27 74,    

8 7264 32-24-02

Defendant: Shaa Yin ...... Address: Zhambyl region, Shu,

K..... 2/1 Street.

Defender: law and Law Law Office IIN 201240021767.

Republic of Kazakhstan, 050002, Almaty, Medeu district,

Abylai Khana Ave., house 79/71, office 304.

e-mail: info@zakonpravo.kz website: www.zakonpravo.kz

Tel.: +7 708 578 57 58 / 8 727 978 57 55.

 

Application form

on the conclusion of a procedural agreement on the admission of guilt in a criminal case

Dear court!!! In your case, the criminal case No. 3166-22-00-1/90, 09.08.2022 is being considered in the case of a citizen of the Republic of Kazakhstan, born on September 8, 1990 in Zhambyl region, Kazakh nationality, citizen of the Republic of Kazakhstan, repeatedly committed the acquisition of the right to other people's property by fraud, that is, by deception and abuse of trust in a particularly large amount by means of fraud, i.e. fraud and abuse of trust in other people's property under Paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan "I don't know," I said. In accordance with subparagraph 65, Part 6, 3 of the Criminal Procedure Code of the Republic of Kazakhstan, the defendant at any stage of the trial, I would like to declare a petition for the conclusion of a procedural agreement or express his consent to it and conclude a procedural agreement-using my right to conclude a procedural agreement. At the same time, I do not dispute the suspicions, accusations and available evidence of the commission of a crime in the case, the nature and extent of the damage caused by myself, in accordance with article 613 of the Criminal Code of the Republic of Kazakhstan, and I believe that the victims involved in the case have no objections to the conclusion of a procedural agreement. Dear court, I fully agree with the charge against me and the indictment of the investigator of July 31, 2022 on the following grounds:

 

Episode 1: according to the victim in this case, I said that "M – Lombard" LLP is investing in gold, and if it invests in it, it receives 20% of its money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, and by my criminal actions I caused property damage to the victim N. Zhanguttieva in the total amount of more than 16,617,000 tenge "I don't know," he said. In addition, I fully agree with the words of the victim about the ongoing investment in gold in M-Lombard LLP. "I don't know," he said, " but I don't know what to do."; Episode 2: The victim SEZ in this case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive 15% of your money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul.delivered.

 In addition, I fully agree with the words of the victim about the ongoing investment in gold in M-Lombard LLP. "I don't know," he said, " but I don't know what to do."; Episode 3: the ICTIM in the said case is the ICU– according to him, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives 15% of the money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. words - I fully agree and confirm. "I don't know," he said, " but I don't know what to do."; Episode 4: the victim BKB in said case – according to him, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives 15-25% of the money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, who, believing my words, received funds from financial organizations and gave them to me in order to make a profit with a light bonus, and I said that my criminal activity caused property damage to the victim in the total amount of 5,800,000 tenge "I don't know," he said. - I fully agree and confirm.

 

"I don't know," he said, " but I don't know what to do."; Episode 5: according to tus– the victim in this case, since October 2019, the victim has been employed as an eyebrow and eyelash master in a beauty salon located on Satpayev Street near "m - Lombard", Shu city. It was a friend named Ainur who invited him to work. He works as a nail master in this salon. Besides, he met me there, where he worked as a nail master. Further, while the victim was working in this beauty salon, I promised the victim that in May 2021 he would borrow 150,000 tenge of money and pay the victim with interest. I don't want to tell the victim that there is an investment in gold or tell the victim that they need to invest in it. I told him that in those years, he had studied many courses and received the necessary equipment for work, and that he had not been able to pay 150,000 tenge. Then, on March 5, 2022, I asked the victim for additional debt money. The victim responded to the investigator who transferred 360,000 tenge of funds that he had, that is, 160,000 tenge in cash, and Kalgan 200,000 tenge in the name of my mother trkelen, nurlukul K "Caspian gold". The victim believed what I said and initially gave 150,000 tenge, followed by 360,000 tenge. Then I received a total of 510,000 tenge and did not return the money for this time, and I fully agree with the words that I conveyed to the investigating authorities, saying that by my criminal actions I caused property damage to the victim for a total of 510,000 tenge. In the present day, in connection with the provisions of Article 35 of this code, in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant in cases provided for by law; Episode 7: according to the victim in this case, the suspect said that "M-Lombard" LLP is investing in gold, and if he invests in it, he receives 15-20% of his money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, he gave him 5,460,000 tenge, and the suspect, by his criminal activity, gave the victim a total value of 1,950,000 tenge with the balance he said that he had caused damage and was brought to the investigating authorities – I fully agree with the answer of the victim. "I don't know," he said, " but I don't know what to do."; Episode 8: the victim in the said case is KNB – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, I fully agree with his words, which he delivered to the investigating authorities, saying that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and that he returned the funds that he gave several times for interest, and that he gave me money from financial organizations for the purpose of making a profit with a light bonus, and that my criminal actions caused property damage in the amount of 6,500,000 tenge from the return of the total cost to the victim. "I don't know," he said, " but I don't know what to do."; Episode 9: EAM, the victim in said case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive 10-20% of your money every month, I fully agree with the words that I delivered to the investigating authorities, saying that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul. To date, the victim is subject to paragraph 6 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan,

In connection with the provisions of Article 35 of this code, in connection with reconciliation with the defendant in cases stipulated by the law, in connection with mutual reconciliation of persons exercising their right to be, in accordance with the rights provided for in subparagraph 8 of this code, a written application for pardon was sent to the court asking you to dismiss the case from criminal liability in connection with the provisions of Article 35 of this code; Episode 10: the victim in said case is UGB – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, I fully agree with his words, which he delivered to the investigating authorities, saying that after 1 year all the money invested will be returned and that I will do this case through a citizen named Aigul there, and that he returned the funds that he gave several times for interest, and that he gave me money from financial organizations for the purpose of making a profit with a light bonus, and that he caused property damage in the amount of 1,640,000 tenge from the return of the total cost to the victim by his criminal actions. "I don't know," he said, " but I don't know what to do."; Episode 11: victim RRB in said case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave it to me for the purpose of making a profit from financial organizations, believing my words, and I brought to the investigating authorities property damage in the amount of 2,775,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with him. "I don't know," he said, " but I don't know what to do."; Episode 12: the victim of this case, according to RAB-I told him that M-Lombard LLP is investing in gold, and if he invests in it, he receives between 10 and 20 percent of his money every month, I am convinced that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and I have repeatedly returned the funds that I gave to the suspect for the purpose of obtaining money from financial organizations, believing my words, and I have brought property damage in the amount of 2,350,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with my words. To date, the victim is subject to paragraph 6 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan,

In connection with the provisions of Article 35 of this code, in connection with reconciliation with the defendant in cases stipulated by the law, in connection with mutual reconciliation of persons exercising their right to be, in accordance with the rights provided for in subparagraph 8 of this code, a written application for pardon was sent to the court asking you to dismiss the case from criminal liability in connection with the provisions of Article 35 of this code; Episode 13: in this case, I, according to the victim zh.A., said that M-Lombard LLP is investing in gold, and if it invests in it, it receives between 10 and 20 percent of its money every month, I am convinced that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and I have repeatedly returned the funds that I gave to the suspect for the purpose of obtaining funds from financial organizations and making a profit on the basis of my words, and by my criminal actions I have brought property damage in the amount of 2,000,000 tenge from the return of the total cost to the victim. "I don't know," he said, " but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know. – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every monaccording to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave me money from financial organizations for the purpose of making a profit with a light bonus, and I brought to the investigatitim.

"I don't know," he said, " but I don't know what to do."; Episode 15: according to the victim of this case, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives between 10 and 20 percent of its money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave it to me for the purpose of making a profit from financial organizations, believing my words, and I brought to the investigating authorities property damage in the amount of 1,640,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with his words. "I don't know," he said, " but I don't know what to do."; Episode 16: according to the victim of this case, according to the OGB, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives between 10 and 20 percent of its money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave it to me in order to make a profit from financial organizations, believing what I said, and I brought property damage in the amount of 1,700,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with his words. "I don't know," he said, " but I don't know what to do."; Episode 17: the victim in this case – according to the RCC-reported to the investigating authorities that I borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to me for the purpose of its continuation, and that by my criminal actions I caused property damage to the victim in the total amount of 1,500,000 tenge - I fully support the words. "I don't know," he said, " but I don't know what to do."; Episode 18: the victim in this case, A. A. –According to him, I received 20 percent of the money every month, then all the money invested will be returned, and he repeatedly returned the funds that he gave me for the purpose of making a profit with a light bonus, believing what I said, and by my criminal actions caused property damage in the amount of 1,148,000 tenge from the return of the total cost to the victim-I fully agree with his words. "I don't know," he said, " but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know. The fact that the above-mentioned 18 victims caused property damage in the amount of 59,684,000 tenge, and to date it has been completely returned, You can see from the appeals of the victims to the court, which do not have civil claims against me. Dear court, I fully agree with the charge and fully admit my guilt. I have not been convicted before, I have not been prosecuted, I have a permanent place of residence, my identity is determined. I do not intend to hide from the criminal prosecution authorities or the court, or to interfere with an objective investigation of the case or its consideration in court. "I don't know," he said. I had no intention of deceiving the victims and embezzling their funds, but I was not able to get money from the victims for interest and return it to the financial Kobala. In addition, I am in a legal marriage, married ERIM: T. G. Yin...., (Agricultural worker) I have 3 (three) minor children from a common marriage:

Born on 29.04.2014 of the century

St 10.02.2017

IPS dated 16.03.2020

I live in the city of Shu, K.. we live with my sons and daughters and a friendly family at 2/1 Street. The above-mentioned circumstances Article 53 of the Criminal Code of the Republic of Kazakhstan. Criminal liability and punishment can be classified as mitigating circumstances. In accordance with Article 54 of this code, circumstances aggravating criminal liability and punishment are not determined by the investigative authorities in the case and the materials of the criminal case. In accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan, if the court comes to the conclusion that when imposing a sentence in the form of imprisonment, the convicted person may be corrected without serving the sentence, it decides to consider the imposed sentence conditional. When applying a conditional conviction, the court takes into account the nature and degree of danger to society of the crime committed, the identity of the guilty person, including the circumstances mitigating and aggravating liability and punishment.

Petition on the conclusion of a procedural agreement on the admission of guilt in a criminal case

In fact, when the prosecutor asks to impose a penalty, we believe that the court has the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a penalty, and I hope that the court will impose a suspended sentence. Or imposing a sentence of restriction of freedom in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan. In accordance with article 615 of the Criminal Code of the Republic of Kazakhstan, the suspect, accused, defendant has the right to apply for the conclusion of a procedural agreement on the admission of guilt in the form of a transaction at any time of the criminal proceedings before the court leaves for the deliberation room. Article 628 of the Criminal Code of the Republic of Kazakhstan states that the defendant and his defense counsel have the right to declare a petition for the conclusion of a procedural agreement on the admission of guilt during the main trial in a criminal case, and when a petition for the conclusion of a procedural agreement on the admission of guilt is received, the judge interrupts the trial and gives the parties a reasonable period for concluding a procedural agreement. Based on the above and in accordance with articles 99, 615, 628 of the Criminal Code of the Republic of Kazakhstan,

MY REQUEST FROM THE COURT:

I have a petition to reach a procedural agreement in connection with my non-admission of guilt in the case.;

The sentence is not commensurate with the sentence of deprivation of Liberty.

Defendant with good intentions: ___________/ Shaa "___"_______2022 year

 

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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