Request for procedural decisions
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State Institution "Zhambyl district Police Department of Almaty region"
BIN 920240000692 Almaty region, 040600 Zhambyl district,
Uzynagashsky S.O., Uzynagash village, Ryskulova St. №78 +7 (727) 702 2594.
from the Victim: B.P. D. 8,728 . IIN .... Almaty region, Karasaysky
district, S....., ul. . ., 40. 8 705 ....
Proxy Representative: 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; +7 708 578 5758
The petition
on the production of procedural actions or the adoption of procedural decisions
The Zhambyl district Police Department has a criminal case No. 191942031001935 registered on November 30, 2019 under art. 317 Part 3 of the Criminal Code of the Republic of Kazakhstan (Improper performance of professional duties by medical or pharmaceutical workers). The pre-trial investigation of the present criminal case was entrusted to the investigator of the SO OP of the Zhambyl district, N. Beketbaev, who, on 06/01/2020 Based on the results of the pre-trial investigation, he decided to interrupt the investigation period, not ensuring the completeness of the investigation in the case, prematurely interrupted the terms of the pre-trial investigation in accordance with art.45, Part 7, paragraph 1 of the CPC RK (for failure to identify the person who committed the criminal offense). Subsequently, as a result of numerous complaints to the investigator from the Zhambyl district Beketbaev N., to higher and supervisory authorities, the Investigative Department of the DP region, the Prosecutor's Office of the Zhambyl district instructed to reopen the criminal case and conduct all investigative measures provided for by law aimed at ensuring the completeness of the pre-trial investigation. Subsequently, on 09/08/2020, the terms of the pre-trial investigation were resumed. In addition, an internal investigation was conducted against officials for the violations committed, as a result of which the perpetrators were brought to disciplinary responsibility.
Request for procedural decisions
Despite the above circumstances, the investigator repeatedly decided to interrupt the investigation period, without ensuring the completeness of the investigation into the case. As a result of complaints to the investigator in the personal unit of the Minister of Internal Affairs of the Republic of Kazakhstan, our appeal and arguments about the improper investigation of the criminal case were confirmed by the Investigative Department. In this regard, the Police Department of the Almaty region conducted an internal investigation, as a result of which the guilty officials were brought to disciplinary responsibility. At the same time, on the instructions of the Investigative Department, on 11/10/2020, the investigation period was resumed. The Police Department of the Almaty region has been given written instructions to conduct additional investigative measures aimed at a full and comprehensive investigation of all the circumstances of the case, including taking into account our arguments. The investigation process has been taken over by the Investigative Department. However, more than three months have passed since the last resumption on 11/10/2020, and the pre-trial investigation has been going on for more than 15 months, whereas in accordance with Part 2 of art. 192 CPC RK pre-trial investigation in cases of inquiry should not exceed one month and two months in cases of preliminary investigation. We understand that the authorities of the preliminary investigation and the Prosecutor's Office are waiting for the two-year period to expire after committing a minor crime.
Since the sanction of Article 317, Part 3 of the Criminal Code of the Republic of Kazakhstan is "Non-fulfillment, improper performance of professional duties by a medical or pharmaceutical worker due to negligent or unfair treatment of them, if these acts negligently caused the death of a person, they are punishable by imprisonment for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to Three years old. Accordingly, Part 3, Article 317 of the Criminal Code of the Republic of Kazakhstan in accordance with Part 2, art. 11 of the Criminal Code of the Republic of Kazakhstan states that reckless acts, for which the maximum penalty provided for in this Code does not exceed five years in prison, are minor crimes. Hence, it is necessary to predict the logic of the criminal prosecution body, because subparagraph 2, part 1, Article 71 of the Criminal Code of the Republic of Kazakhstan provides for "A person is released from criminal liability due to the expiration of the statute of limitations if two years have elapsed since the commission of a criminal offense after the commission of a minor offense." – due to the above-mentioned circumstance of the case, we are working on holding a press conference with the participation of leading bloggers and mass media (mass media), since this problem is widespread, to which representatives of the SO OP of the Zhambyl district will be invited.
In accordance with paragraph 11, Part 6 of Article 71 of the CPC of the Republic of Kazakhstan, the victim has the right to get acquainted with all the case materials at the end of the pre-trial investigation, to extract any information from it and in any volume, with the exception of information constituting state secrets. Also, according to paragraph 13, part 6 of Article 71 of the CPC, the victim has the right to receive copies of decisions recognizing his victims or refusal to do so, termination of the pre-trial investigation, the indictment, as well as copies of the verdict and the decision of the court of first instance, appeal and cassation instances. 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 the application is not possible, it must be resolved no later than three days from the date of the application. However, as of today, we do not know anything about the progress and results of the consideration of the criminal case, and we have not received the procedural documents provided for in Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan. 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 art. 24, 71, 99, 192 of the CPC of the Republic of Kazakhstan, as well as Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and Legal entities",
I ask you to:
Send an email to info@zakonpravo.kz copies of the procedural documents provided for in Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, as well as: - Resolution recognizing a person as a victim; - All protocols of investigative actions carried out with the participation of the Victim; - All Resolutions on the interruption of the investigation period; - Resolution on the conduct of a forensic medical examination;
To interrogate the medical staff of the Central Hospital of the district who took up duty on the day of admission of B.B.A.;
To interrogate the doctors of the Central Hospital of the district who operated on B.B.A.;
Appoint a commission forensic medical examination to determine the causes of B.B.A.'s death, and put the following questions before the experts for resolution below:
- What is the immediate cause of B.B.A.'s death? - What kind of injury was the cause of death? - Is there a causal relationship between the injuries received, one or another external influence and death? - was there a medical error in providing medical care? - evaluate the medical care provided by the healthcare institution, establish the negligence of doctors, improper treatment or diagnosis.
- What mistakes were made in the provision of medical services during B.B.A.'s stay at the medical institution? - were the actions of the medical staff correct, timely, sufficient and justified? - Did the doctor have the opportunity to anticipate potentially negative consequences for the patient? - Whether there is incompetence or deliberate negligence in the actions of the medical staff. - Are there any therapeutic, tactical, medical, technical, organizational errors in the actions (inactions) of the medical staff and doctors and could they have prevented them? - Should doctors and medical staff anticipate the possibility of dangerous consequences of their actions or omissions? - Are there any omissions in the actions of the medical staff and how does this manifest itself? - Which of the medical staff had to carry out certain medical measures, as well as assess the significance of each person's actions in the event of an adverse outcome? - Was it possible to save the life of B.B.A. with proper and timely medical care? - Were all the techniques necessary for recovery and rehabilitation applied after surgery, and which techniques were used during the operation, their appropriateness and effectiveness? - What diseases did B.B.A. suffer from during his lifetime? - Have all the possibilities been taken for diagnosis and were the diagnostic measures carried out by B.B.A. in the CRH in a timely manner? - Was the diagnosis made correctly when B.B.A. was admitted to the CRH? - Has the examination been carried out in full in the hospital? - Has B.B.A. received full medical care, and if not, what explains the lack of medical care and what other measures should be taken? - What kind of assistance were the doctors and medical staff of the CRH required to provide in these conditions when delivering victims of an accident? - Has there been a violation of the current treatment instructions, if so, what specific violations (instructions) have occurred, and who is responsible for these violations? - Was there a qualitative collection of information about patient B.B.A. when he was admitted to the hospital for examination? - Should Mr. B.B.A. have been examined by doctors upon admission to the hospital? - Was B.B.A.'s operation performed with sufficient skill? - Can the medical care provided to B.B.A. at the CRH be considered fully timely and adequate? - How should the doctors of the Central Hospital act to prevent a fatal outcome?
To respond to the application within the time limits prescribed by law.
Yours sincerely,, ___________/ B.P.D "___" ________ 2020 the year
According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", Violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.
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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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