Red tape in a criminal case or improper performance of official duties
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To the Police Department of the Almaty region to the Head of the Investigative Department of the DP
Almaty region to R.T. Charapiev, Deputy Head of the Investigative Department
Tenezbaev B.K. Almaty region, Taldykorgan, 040000 St. Zhansugurova No.91/95. BIN ..... +7 728 ....
from the Victim: B.P.D. IIN.. Almaty region, Karasai district, S., St. .., 40.
Proxy representative: Galymzhan Turlybekovich Sarzhanov
IIN 850722301036 Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202,
Business center Quarter info@zakonpravo.kz / www.zakonpravo .kz + 7 (708) 578 57 58 +7 (727) 978 57 55
Statement
Earlier on 11/30/2019, due to the blatant injustice and lawlessness, the lack of qualifications of doctors who made a medical error, we sent a statement to the police about bringing doctors to criminal responsibility in order to establish justice in the healthcare sector. A criminal case was initiated in the Police Department of the Zhambyl district of the Police Department of the Almaty region for No. 191942031001935 dated November 30, 2019 under art. 317 Part 3 of the Criminal Code of the Republic of Kazakhstan - subsequently, the specified criminal case was terminated due to unclear circumstances. Subsequently, our application was registered by the CUI for No. 201942030000557, Zhambyl district police department and was attached to the materials of the criminal case for No. 191942031001938 initiated under art. 317, Part 3 of the Criminal Code of the Republic of Kazakhstan. On March 20, 2020, we filed a Complaint with the Ministry of Internal Affairs of the Republic of Kazakhstan, where later on 04/17/2020 we received a response from the Deputy Head of the Investigative Department, N.K.K. On April 14, 2020, on the instructions of the Investigative Department of the Ministry of Internal Affairs, the investigation period was resumed, and the Police Department of the Almaty region was instructed to ensure a full, comprehensive and objective investigation, including taking into account your arguments.
An internal audit was conducted on the fact of an improper investigation by the DP of the Almaty region, as a result of which the guilty officials of the OP of the Zhambyl district were brought to disciplinary responsibility. On 08/04/2020, after such a long absence of the results of the investigation, we submitted an Application to the Prosecutor's Office of the Almaty region in order to prevent red tape in the criminal case, where later the Prosecutor's Office, in accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, sends us a resolution to satisfy our Complaint about the actions of police officers. The Prosecutor's office of Zhambyl district, during the study of the materials of the criminal case, established that the investigator of the Zhambyl district police department, B.N., had not taken all necessary measures for a comprehensive, complete and objective investigation of the circumstances of the case, according to art.24 of the CPC RK. To date, the medical staff of the Central Hospital of the district who took up duty on the day of B.B.A.'s admission, as well as the doctors who operated on the latter, have not been questioned in the case. A commission forensic medical examination has not been appointed in the criminal case to determine the causes of B.B.A.'s death, and a number of other investigative actions have not been carried out. In view of the applicant's arguments, the district prosecutor's office cancelled the decision of N. Beketbaev, investigator of the Zhambyl district police Department, to interrupt the pre-trial investigation in order to carry out specific investigative actions. In order to obtain copies of materials on disciplinary proceedings against employees of the OP of the Zhambyl district B.P.D., the resolution recommended contacting the DP of the Almaty region. Whereas with part 2 of art . 192 of the Criminal Procedure Code of the Republic of Kazakhstan stipulates that the pre-trial investigation in cases of inquiry should not exceed one month and two months in cases of preliminary investigation, where investigator B.N. grossly violates the above criminal case. Moreover, in the above-mentioned criminal case, investigator B.N. of the Zhambyl district did not rule on recognizing me as a victim, besides, the inquirer did not even summon me to the interrogation. According to the above-mentioned material of the pre-trial investigation, investigator B. N. it is very negligent, as evidenced by the fact that since the registration in the ERDR since November 2019, no one has been involved in this case, while the Conclusion of the Committee for Quality Control and Safety of Goods and Services of the Ministry of Health of the Republic of Kazakhstan established the doctors' fault in the death of my son Burkhogov B.
Based on the above violations on the part of the investigator of the Zhambyl district police department, Nursultan Beketbayev, we believe that he should be brought to criminal responsibility for violations that are stipulated in art. 370, 371 of the Criminal Code of the Republic of Kazakhstan, this is Inaction in the service, that is, failure by a person authorized to perform government functions, or a person equivalent to him, or an official to perform his official duties in order to extract benefits and advantages for himself or other persons or organizations, or harm other persons or organizations, if this entailed significant violation of the rights and legitimate interests of citizens or organizations, or the legally protected interests of society or the State, - is punishable by a fine in the amount of up to two thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to six hundred hours, or restriction of liberty for up to two years, or imprisonment for the same term, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities. activities. Also negligence, that is, non-performance or improper performance by a person authorized to perform public functions, or a person equated to him, or an official, or a person holding a responsible public position, of their duties as a result of unfair or negligent attitude to service, if this has caused significant harm to the rights and legitimate interests of citizens or organizations or protected in the interests of society or the state by law, - is punishable by a fine in the amount of up to one thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to four hundred hours, or restriction of liberty for up to one year, or imprisonment for the same term.
Red tape in a criminal case or improper performance of official duties
We are extremely outraged by the irresponsible actions of an incompetent police officer, B.N., who defames the good name of a Policeman. Also, the investigator's action/inaction and the above facts lead us to the idea of corruption. Which contradicts Article 366 of the Criminal Code of the Republic of Kazakhstan. Based on the above and in accordance with Articles 370, 371 of the Criminal Code of the Republic of Kazakhstan,
I ask you to:
For non-fulfillment and red tape of a criminal case or improper performance of their official duties, to bring to criminal or disciplinary responsibility a police officer of the Zhambyl district police department of the Almaty region, investigator B.N.;
To respond to the application within the time limits established by law and provide an order on bringing responsible employees to disciplinary responsibility and or a corresponding document on bringing them to responsibility;
Yours sincerely,,___________/ B.P.D "___" ________ 2020 G.
President
Republic of Kazakhstan
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