Petition to the investigator for the admission of the defender to participate in the criminal case and familiarization with the materials of the criminal case
MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN
POLICE DEPARTMENT OF THE TURKESTAN REGION
MAKTAARAL DISTRICT POLICE DEPARTMENT
Turkestan Region, Maktaaral District,Myrzakent settlement, 14 Madikozhaev Street.
From Defense Counsel: Attorney Galymzhan Turlybekovich Sarzhanov
Law Firm “Zakon i Pravo”BIN 201240021767
Republic of Kazakhstan, 050002, Almaty,Almaly District, 79/71 Abylai Khan Avenue, Office 304
www.zakonpravo.kzinfo@zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55
Suspect: E.Sh.Ch.
IIN ....
Turkestan Region, Maktaaral District
MOTION
to Admit Defense Counsel to Participate in the Criminal Case and to Review the Criminal Case Materials
The materials of the criminal case against E.Sh.Ch., concerning the elements of a criminal offense provided for by Article 174 of the Criminal Code of the Republic of Kazakhstan, are currently in your proceedings.
As part of the pre-trial investigation, E.Sh.Ch. is suspected of committing intentional acts aimed at inciting religious discord, as well as insulting religious feelings, as provided for by Article 174 of the Criminal Code of the Republic of Kazakhstan.
Pursuant to Paragraph 9 of Article 64 of the Criminal Procedure Code of the Republic of Kazakhstan, a suspect has the right to invite defense counsel and may exercise this right personally, as well as through close relatives or trusted persons.
If the suspect, his or her relatives, or trusted persons do not invite defense counsel, the investigative body is obliged to ensure the participation of defense counsel pursuant to Part 3 of Article 67 of the Criminal Procedure Code of the Republic of Kazakhstan.
Pursuant to Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to submit motions to the person conducting the pre-trial investigation, the prosecutor, or the judge (court) concerning the performance of procedural actions or the adoption of procedural decisions aimed at establishing circumstances relevant to the criminal proceedings, as well as at ensuring the rights and legitimate interests of the person submitting the motion or the person represented by such person.
A motion shall be considered and resolved immediately after it is submitted. Where an immediate decision cannot be made, the motion shall be considered no later than three days from the date of its submission.
Based on the foregoing and pursuant to Articles 64 and 99 of the Criminal Procedure Code of the Republic of Kazakhstan,
I HEREBY REQUEST:
- To admit defense counsel — Attorney Galymzhan Turlybekovich Sarzhanov — to participate in the criminal case as defense counsel for E.Sh.Ch.;
- To provide access to all procedural documents in the case against E.Sh.Ch. and provide copies thereof;
- To provide a link to or a copy of the audio and video materials sent by E.Sh.Ch. to the “Atakent Bauyrlar” group on the WhatsApp social network, consisting of 40 participants, namely, links to the sermons of “Dilmurat Abu-Muhammad” and “Nazratullah Abu-Maryam” published on the YouTube social network;
- To provide a response to this motion within the time limits established by Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan.
Respectfully,
Attorney: Galymzhan Sarzhanov
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
