Private rulings were issued against the pre-trial investigation bodies due to violations of the rule of law committed by them at the stage of criminal proceedings.
Most of the private decisions were made against the pre-trial investigation bodies due to violations of the rule of law committed by them at the stage of criminal proceedings. Thus, by the verdict of the Ordabasinsky district Court of the Turkestan region dated January 16, 2020, U. was found guilty under part 4 of Article 345 of the Criminal Code, according to which he was sentenced to 5 years in prison, with the deprivation of the right to drive vehicles for 7 years. The reason for the court's private ruling in this case against the head of the Turkestan region police department was a violation by the investigator of the CPC norms. Thus, in accordance with the norms of the CPC, an interpreter was involved in the case, who translated the case materials into Uzbek. However, the identity documents of the suspect and the victim were translated into Kazakh only at the trial stage. According to the suspect's identity card, his personal data in Uzbek is written as: "UZOQOV MUXIDDIN MUXAMMAD O'G'LI", but the translator translated from Uzbek into Kazakh as "Uzokov Muxiddin Muhammad ugli". In the case file, in particular, in the protocol of the suspect's interrogation, in the decision on the qualification of the act, the indictment and other documents, the defendant's patronymic is written in Kazakh as "Muhammadogli" instead of "Muhammad ugli". In the Uzbek-language indictment, the defendant's last name is correctly recorded: "UZOQOV MUXIDDIN MUXAMMAD O'G'LI". The patronymics of the passengers killed in this accident are also incorrectly recorded: Ulmasova Mahbubi Mukhammadzhonovna as "Mukhammadzhanovna", Melikuzova Marhabo Mukhammadovna as "Mukhammedovna". In addition, in violation of the requirements of part 2 of Article 221, part 4 of Article 199 of the CPC, when specifying identity information in the protocol of the suspect's interrogation, the residential address of U. is incompletely spelled out, the street name and house number are missing.
Private rulings were issued against the pre-trial investigation bodies due to violations of the rule of law committed by them at the stage of criminal proceedings.
During the trial, it was established that there was both a street and a house number at his place of residence. The investigator from the Turkestan region, S., in violation of Article 118 of the CPC in the specified case, in a decision dated September 17, 2019, recognized the NEXIA DONC car, GRNZ 40R988QA Uz, as material evidence, and handed it over to U.'s close relatives against receipt. Whereas according to the documents, the owner of the car is I. No documents confirming the transfer of the car to the owner were filed in the case. Only in the trial, the state prosecutor provided the court with a receipt for the transfer of the vehicle to the owner. The protocols of inspection of the accident site and vehicle drawn up by traffic police officers often contain incomplete data: the traces of damage, the direction, shape and location of deformations on the vehicle are not described in detail, which affects the correctness of the initial data and subsequently the reliability of forensic examinations of the accident. For example, in the case against O., convicted on June 8, 2020 by the Aksu City Court of the Pavlodar region under part 3 of Article 345 of the Criminal Code, the protocol of the inspection of the scene stated that "a trace of impact was found." At the same time, in violation of the requirements of Article 220 of the CPC, the characteristic features of this trace are not described, it is not recorded and it is not specified how the place of the accident is established (appropriate measurements have not been carried out, the accident scheme is drawn up in a truncated form). These gaps were filled only in the judicial investigation by examining the additional evidence presented by the prosecution. A corresponding private resolution has been issued to the regional Police Department.
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