Petition to the Police Department to terminate the criminal case at the stage of the pre-trial investigation

 

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To the Baikonur DP District Police Department

G. Nur-Sultan to investigator Adil +7 778 294 32 48 .

from: Defense attorney Galymzhan Turlybekovich Sarzhanov

Law and Law Law Firm

BIN 201240021767 Almaty, 79/71 Abylai Khan Ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 727 978 5755; +7 708 971 78 58

in the interests of: Zh. A.E. IIN. Almaty, N.district, mkr. ..., st. K..., 19.

 

The petition

on termination of the criminal case at the stage of the pre-trial investigation

In your production, there are materials of a criminal case registered in the Republic of Kazakhstan on the grounds of a criminal offense provided for in art. 190 of the Criminal Code of the Republic of Kazakhstan. As part of the pre-trial investigation of the case, it was established that the Administrative Division of the Baikonur district of the city of Nur-Sultan filed an application from Industrial Systems PV LLP on the grounds of a criminal offense under Article 190 of the Criminal Code of the Republic of Kazakhstan. However, it is important to note that an agreement for the supply of goods (one-time) for No. 2/2/21 was concluded between Industrial PV Systems LLP and IP Pharm-plus represented by Zh.A.E. for No. 2/2/21. According to p. 1.1, p. 1 of the Contract, the supplier undertakes to transfer to the buyer's ownership of Wally Plastik nitrile gloves in the amount of 59,750 pairs at a price of 88 tenge without VAT per 1 unit of goods. The buyer made the payment in full in the amount of 18,620,800 tenge. On the part of the supplier, the contract requirement was not fulfilled and the goods were not delivered on time, as due to the declaration of the new coronavirus COVID-19 pandemic by the World Health Organization and in order to protect the life and health of citizens, a decree of the President of the Republic of Kazakhstan on the introduction of a state of emergency in the Republic of Kazakhstan, a state of emergency was imposed throughout the territory of the Republic of Kazakhstan, which made it difficult and subsequently forced the Defendant not to fulfill his obligations properly.

Petition to the Police Department to terminate the criminal case at the stage of the pre-trial investigation

On June 22, 2021, the Specialized Interdistrict Economic Court of Almaty, Judge Kazymbetova G.N., having considered the civil case No. 7527-21-00-2/3384 on the claim of Industrial Systems PV LLP against IP Pharm-Plus represented by J.A.E., on the termination of the Contract for the supply of Goods No. 2/2/21 dated 02.02.2021, and on the recovery of the amount, The Court Decided to satisfy the Claim of Industrial PV Systems LLP. Collect from the Individual entrepreneur "Farm-plus" in the person of J.A.E. in favor of the Limited Liability Company "Industrial PV Systems" the amount of 18,620,800 (eighteen million six hundred twenty thousand eight hundred) tenge, the cost of paying for the services of a representative in the amount of 200,000 (two hundred thousand) tenge, as well as the state duty in the amount of 560,083(five hundred sixty thousand eighty-three) tenge. The above arguments were given in the protocol of the interrogation of the witness entitled to defense dated 06/29/2021. Also in the protocol of the additional interrogation of the witness dated 07.07.2021 According to 179 of the Criminal Procedure Code of the Republic of Kazakhstan, which stipulates that applications, reports or reports of a criminal offense on violations based on non-fulfillment or improper execution of civil law transactions made in writing and not recognized by the court as invalid, imaginary or pretended are not subject to registration. In accordance with clauses 14, 6, and 78 of the Criminal Code of the Republic of Kazakhstan, a witness entitled to defense has the right to file petitions concerning his rights and legitimate interests. Article 99 of the CPC of the Republic of Kazakhstan provides that participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with requests for procedural actions or making procedural decisions to establish circumstances relevant during the criminal process, to ensure the rights and legitimate interests of the person who filed the petition or the person they represent. The application is subject to review and resolution immediately after its application. In cases where an immediate decision on an application is not possible, it must be resolved no later than three days from the date of the application. In accordance with Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator and the inquirer are obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case. On the basis of the above and in accordance with Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan,

ask you:

Terminate the criminal case at the pre-trial investigation stage in the case of a witness who has the right to defend J.A.E. upon the commission of an offense under Article 190 of the Criminal Code of the Republic of Kazakhstan;

To respond to the application within the prescribed time limits.

Sincerely, Lawyer: ____________/ Sarzhanov G.T. "____"___________2021 G.

President    

Republic of Kazakhstan     

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