Petition to the investigative court for the election of a preventive measure in the form of house arrest against the suspect

 

To the Specialized Interdistrict Investigative Court of Almaty

To the presiding judge Iskakbayeva Zh.K.

 

from the defender of the suspect, Boya Tursungalievna

– lawyer Galymzhan Turlybekovich Sarzhanov

Law and Law Law Firm

79/71 Abylai Khan ave., office 304, Almaly district, 050002, Almaty

info@zakonpravo.kz

www.zakonpravo.kz

Phone: +770085785758, +7 7009785755

 

 

the petition.

 

In the proceedings of the Specialized Interdistrict Investigative Court of Almaty, there is an investigator's petition for the authorization of a preventive measure in the form of detention of Boy M.T. (material No. 7595-26-00-2-3m/3319).

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 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.

I believe that the investigator did not take into account the above-mentioned requirements of the CPC, and also that there was collusion on the part of the victims to slander the Fight of M.T..

During the interrogation and confrontation, the investigator was informed by M.T. that she had borrowed money from the victims at interest. In support of the words of Boy M.T., screenshots of the correspondence of the Vacap mobile application and extracts from Kaspi Bank were provided, which were attached to the materials of the criminal case by the investigator's decision. The petition for establishing geolocation of M.T.'s Boy and S.T.'s Aoi was also granted in the episode of S.T.'s Aoi, who claimed to have transferred cash in the amount of 4,300,000 tenge in the Duman microdistrict of Almaty.

All these circumstances were subject to verification, and only after verification did the investigator have to decide whether to recognize M.T.'s case as a suspect and the measure of restraint against her.

According to the above-mentioned article of the CPC, marital status is taken into account when choosing a preventive measure. Ba M.T. is married and has 3 dependent children, and therefore I consider it necessary to attach a marriage certificate and birth certificates to the case file.

Based on the above, I ask:

- to attach to the materials of the investigator's petition for the authorization of a preventive measure in the form of detention of Boya Tursungalievna a copy of the marriage certificate, copies of the birth certificates of the children of B.A., K. T., K. Zh.;

- to attach the investigator's decisions on the satisfaction of the petition for the attachment of the Caspi Bank statement, screenshots of correspondence, on the establishment of geolocation of the Boy M.T. and Aoi S.T.;

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

- to hold a court session with my participation and lawyer Nigmetov S.D., phone number 87009785755.

Appendices: marriage certificate, birth certificate of B.A., K.T., K.J., resolution on the satisfaction of the petition for the attachment of the Caspi Bank statement, Vacap screenshots, resolution on the satisfaction of the petition for the establishment of geolocation, letter of satisfaction of the petition for the episode of Aoi S.T., screenshot website "E-otinish", notice of protection of Sarzhanov G.T., Nigmetov S.D.

 

 

Defender                                                                      Sarzhanov G.T.

 

 

 

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