Pre-trial claim for compensation for damage caused by a private prosecutor for unlawful criminal prosecution
Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
T.K.N. G. Zhitikara, ....
Claim.
On March 2, 2021, the Zhitikarinsky District Court found me innocent and acquitted in a criminal case under Article 131 of Part 2 of the Criminal Code of the Republic of Kazakhstan. The mentioned criminal case was initiated based on your complaint about bringing me to criminal responsibility. According to the operative part of the verdict, I have been recognized as having the right to compensation for damage caused by a private prosecutor for unlawful criminal prosecution. You participated in the trial as a private prosecutor. During the criminal trial, I was forced to seek legal assistance from a professional defense lawyer, whose expenses amounted to 150,000 tenge. In addition, as a result of the trial initiated by you, I was in the status of a "defendant" in a criminal case, which caused me moral suffering, which resulted in a state of discomfort, I felt ashamed in front of my family and friends, as a result of which my sleep, appetite, and irritability were disrupted. Thus, I believe that your actions have caused me moral harm. I estimate the amount of money sufficient to compensate for moral damage at 500,000 tenge. According to Article 40 of the Criminal Procedure Code of the Republic of Kazakhstan, "Property damage caused to persons specified in the second part of Article 38 of this Code includes compensation for: amounts paid by a person for providing legal assistance." According to paragraph 2) of Part 3 of art. 951 of the Civil Code of the Republic of Kazakhstan - "Moral damage is compensated, regardless of the fault of the causer, in cases where: harm was caused to a citizen as a result of unlawful criminal prosecution." According to Article 14 of the Civil Code of the Republic of Kazakhstan, "A citizen may claim compensation for material and moral damage."
Pre-trial claim for compensation for damage caused by a private prosecutor for unlawful criminal prosecution
In connection with the above, I ask you to reimburse me for the expenses I paid for providing legal assistance in the amount of 150,000 tenge, and to pay compensation for illegal criminal prosecution in the amount of 500,000 tenge. If you refuse to pay the above amounts, I will be forced to apply to the court for compulsory collection, and I will also be forced to impose on you all the costs of the lawsuit, including the costs of paying for the services of a representative. Please provide an answer to this claim within 10 calendar days. If I do not provide a response, this will be regarded by me as a refusal to voluntarily compensate for the material and moral damage caused to me. To resolve this issue, you can contact me by phone 8 777.....
30.03.2021 J.M.R.
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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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