Request for appointment of a psychological, philological and linguistic examination

 

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To court__________ city district__________

The private prosecutor and the accused in private: __________________________

(Full name, year of birth) resident

at the address: _______________________

(address and phone numbers)

The defendant in a private prosecution case and the private prosecutor:

_____________________________________________,

(Full name and year of birth) resident at:

_____________________ (Your address and phone numbers)

THE PETITION

On the appointment of psychological, philological and linguistic expertise

There is a complaint pending in your case ___________ as a private accusation ___________ ( according to part ____ of Article 130 and part ___ of Article 131 of the Criminal Code of the Republic of Kazakhstan) and the complaint ____________ about attraction ___________ to be criminally liable under part ___ of Article 130 and part ___ of Article147 of the Criminal Code of the Republic of Kazakhstan. The protocol of the preliminary conversation from _________ is indicated as an appendix to the complaint. "___"_________201__ G., which literally contains the following words, pronounced ______________"I disagree with the plaintiff, as it all seems to him. In fact, there is no font difference. How can there be differences if both sheets were produced on the same printer? Dear Judge, I ask you not to believe _______. He's not that person. He's an unhealthy man. He's an immoral man." In paragraph 1 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the application in judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities" dated December 18, 1992. it is stated that: "Defamatory information is such untrue information that detracts from the honor and dignity of a citizen or organization in public opinion or the opinion of individual citizens from the point of view of compliance with laws, moral principles of society (for example, information about the commission of a dishonest act, misconduct in a work collective, in the family; information discrediting production andeconomic activity, reputation, etc.)".

Request for appointment of a psychological, philological and linguistic examination

To determine whether the words spoken during the preliminary conversation are _______________ – defamatory (offensive), special knowledge is needed, including the special knowledge of a psychologist in order to determine the presence of intent when uttering the above-quoted words. Based on the above, in accordance with Articles 100, 111, 120, 122, Part 5 of Article 272 of the Criminal Procedure Code of the Republic of Kazakhstan, I request:

To appoint the production of a comprehensive examination with the participation of experts of various specialties within their competence (psychologist, philologist and linguist).

The examination should be entrusted to the Center for Forensic Examination of the Ministry of Justice of the Republic of Kazakhstan. I

The experts should be asked the following questions:

In what condition, according to the text of the protocol of the preliminary conversation, was the person designated as "X" (__________( FULL name of the private prosecutor) - confusion, fright, irritation, etc.) after uttering the words ________ (that is, by you) "I don't I agree with the plaintiff, as it all seems to him. In fact, there is no font difference. How can there be any difference if both sheets were produced on the same printer? Dear Judge, I ask you not to believe _____. He's not that person. He's an unhealthy man. Is he an immoral person"? 2. Was the person identified in the transcript as "M" (that is, you) at the time of uttering the words "I disagree with the plaintiff, as it all seems to him. In fact, there is no font difference. How can there be differences if both sheets were produced on the same printer? Dear Judge, I ask you not to believe _________. He's not that person.

He's an unhealthy man. Is he an immoral person" in an emotional state (stress, frustration, confusion) that could significantly affect his consciousness and activity, taking into account his emotional state (and other circumstances, judging by the contents of the protocol of the preliminary conversation)? 3. Is it possible to determine from the presented text of the preliminary conversation that the person designated as "X" perceived the above-mentioned words as slander, insult and information discrediting the honor and dignity of his own reputation? 4. Please clarify: is there a threat in this expression directed at the person designated as "X"? 5. Does this sentence contain negative information about a certain person (X), his activities, and his personal business and moral qualities? 6. What specific statements contain negative information? 7. If the above phrases contain negative information about him, in what form are they expressed: statements, assumptions, questions? 8. If the submitted materials contain negative information, does it relate to the interlocutor about the specified person, is this information perceived as blackening the good name, hurting the honor and dignity of this person, as detracting from the business reputation of the specified person "X"? 9. If such information (information) is contained, what is the/what is the source(s) of this information (information)? 10. Should I analyze all the verbal constructions of the text of the protocol of the preliminary conversation and evaluate the expressions for the content of information discrediting the honor, dignity and business reputation of the person designated as "X"? 11.

Was the subject "M" in an emotional state (stress, frustration, confusion) at the alleged time of the crime, which could significantly affect his consciousness and activity and/or other circumstances? 12. Are your conclusions based on the linguistic analysis of the statements of the participants in the preliminary conversation? 13. Have you analyzed the communication situation in which the preliminary conversation took place? In our opinion, this situation is not typical of one in which one person is publicly insulted by another. 14. Do you have any research experience? 15. Does the specified excerpt from the protocol of the preliminary conversation contain allegations of a violation of the person designated as "X" of the current legislation or moral principles, if so, in what phrases, sentences? IY. To provide the experts with the minutes of the preliminary conversation and the audio recording of the court session (in the appendix).

Request for appointment of a psychological, philological and linguistic examination

Appendix: A copy of the protocol of the preliminary conversation from "___" __________ 201__ G. ________________ FULL NAME, ____________ signature, "____"______________201___ G.

The petition is submitted to the court's office in 3 copies. At the same time, the third copy (a signed copy of the petition) with a stamp or registration certificate is kept for yourself. 

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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