Request for questioning as a witness of an interested person in a criminal case
SU DP of Astana city
From the Representative - lawyer: Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 708 578 57 58.
In the interests of: BABa
IIN: ....
Kazakhstan, Zhetysu region, Kerbulak district, village ...., ul.....
The petition
on conducting an interrogation as a witness of the person concerned in a criminal case
In the production of SU DP of the city of Astana, the head of the department, S.T. Kosherbaev. a criminal case is being investigated based on the materials of the pre-trial investigation of the ERDR No. 257123031001142, as the UP of the Nur district of the DP of Astana received a statement from citizens of the Republic of Kazakhstan on bringing to criminal responsibility the heads of the construction company Asyl-Nur Qurylys LLP, who, by deceiving and abusing the trust of residents, did not have the right to attract funds from shareholders for construction MZHK "Mardan", located at the address: Astana, intersection of streets Ch.Aitmatova and E-164 took possession of large amounts of money and caused significant material damage.
On 22.05.2025, this fact was registered in the ERDR for No. 257123031001142 under art. 190, Part 4, paragraph 2 of the Criminal Code of the Republic of Kazakhstan.
According to the received application of a citizen of the Republic of Kazakhstan, IIN 910907451170, to bring to criminal responsibility the heads of the construction company Asyl-Nur Qurylys LLP, BIN 210840004976, who, by deceiving and abusing the trust of residents, without having the right to attract funds from shareholders for the construction of the Mardan Housing and Communal Services, seized funds on a particularly large scale, caused significant material damage.
In the process of concluding contracts under the "Trade-in" program in Asyl-Nur Qurylys LLP, shareholders reissued their property (cars and apartments) to the persons indicated by the developer.
During the investigation, it was established that the depositor/victim, N. A.M., transferred the property to the developer, Asyl-Nur Qurylys LLP, under the Contract for the transfer of a vehicle dated 06/12/2024, t/c of the LEXUS LX 570 brand, VIN: JTJHY00W2B4077221., which was notarized.
Subsequently, the partnership was sold to other individuals, and then they resold it. As a result, on October 30, 2024, my principal, B.A.B., purchased the above-mentioned car on credit through the WHEELS mobile application through Kaspi Bank JSC. The loan term is for 60 months.
Currently, the owner of the above-mentioned car is gr. B AB, born on 02/08/1989, IIN ....
Investigative judge of the specialized inter-district investigative court of Astana Mukeshev D.N., August 8, 2025 I have decided to authorize the seizure of the above-mentioned property.
In accordance with Part 8 of Article 161 of the CPC, an arrest may be imposed on property held by other persons if there are sufficient grounds to believe that it was obtained as a result of criminal acts of the suspect or accused, or was used or intended to be used as an instrument or means of a criminal offense or to finance extremism, terrorism, an organized group, illegal military formation, criminal community.
However, the pre-trial investigation body did not take into account the opinion of the current owner of the car who purchased it on credit.
In accordance with the terms of the Loan Agreement for the purchase of a car No. 866487680 dated 31.10№2024, the paragraphs provide:
1.2. The Buyer undertakes to make an initial payment to Kaspi for the purchase of a Car in the amount of 3,800,000 (Three million eight hundred thousand) tenge (hereinafter referred to as the Initial Payment) via the Mobile Application, which will be transferred to the Seller after fulfilling all the conditions of clause 4.4 of the Agreement.
1.3. The Buyer is obliged to pledge the Car to Kaspi as security for the obligations under the loan agreement, ensure the registration of the pledge at his own expense and conclude a loan agreement and a car pledge agreement with Kaspi.
1.4. By signing the Agreement, the Buyer agrees/instructs Kaspi on the day of granting the loan to withdraw from the Buyer's account specified in the loan agreement (hereinafter referred to as the Buyer's Account) the Loan amount of 15,100,000 (Fifteen million one hundred thousand) and the Initial Payment amount by direct debit and transfer them based on a payment order initiated by Kaspi or another payment document to the Seller's bank account specified in the Agreement (hereinafter referred to as the Seller's Account) in order to make full payment for the Car.
2.1. The Seller agrees to sell the LEXUS LX 570 vehicle, built in 2011 (hereinafter referred to as the Car) To the buyer. The cost of the Car is 18,900,000 (Eighteen million nine hundred thousand) tenge.
Thus, my caretaker BaA.B. eventually purchased the above-mentioned car, taking into account the bank's remuneration in the amount of 34,000,000 tenge.
The obligations of BaA.B. for lending to Kaspi Bank JSC were fully fulfilled, as evidenced by the Notification of the withdrawal of the pledge of movable property from the state registration.
Article 18 of the CPC of the Republic of Kazakhstan stipulates that property is guaranteed by law. No one can be deprived of their property except by a court decision.
Article 6 of the Constitution stipulates that State and private property are recognized and equally protected in the Republic of Kazakhstan.
In accordance with Article 259 of the Civil Code of the Republic of Kazakhstan, the owner has the right to demand recognition of ownership rights.
In accordance with article 261. If the property was acquired for compensation from a person who did not have the right to alienate it, which the acquirer did not know about and should not have known (a bona fide acquirer), then the owner has the right to claim this property from the acquirer only if the property is lost by the owner or the person to whom the property was transferred by the owner, either stolen from one or the other, or disposed of from their possession in another way against their will.
Thus, B.A.B., in accordance with Articles 259, 261 of the Civil Code of the Republic of Kazakhstan, is a bona fide acquirer.
To date, the pre-trial investigation authorities have conducted investigative actions to interrogate the parties to the criminal case and other witnesses in accordance with Chapter 26 of the Criminal Procedure Code of the Republic of Kazakhstan.
However, in the framework of the above-mentioned criminal case, the pre-trial investigation body did not interrogate the persons concerned, whose rights are directly affected by the criminal case.
According to Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, Participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with petitions 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.
The petition must be granted if it contributes to a comprehensive, complete and objective investigation of the circumstances of the case, ensuring the rights and legitimate interests of the participants in the process or other persons.
The body conducting the criminal proceedings has no right to refuse to satisfy a request for interrogation as specialists or witnesses of persons whose appearance is ensured by the parties.
According to Articles 74, 75 of the Criminal Procedure Code of the Republic of Kazakhstan, an individual or a legal entity who is sued in a criminal case is recognized as a civil defendant.
Article 78 of the Criminal Procedure Code of the Republic of Kazakhstan, any person who may be aware of any circumstances relevant to the case may be called and questioned as a witness to testify.
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, guided by Articles 99, 74, 75, 78 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
· To interrogate Mr. Baba as a witness in the above-mentioned criminal case with the participation of his representative by proxy, lawyer G.T. Sarzhanov.;
· Attach the attached documents to the materials of the criminal case.
With respect,
Representative by proxy Lawyer: Sarzhanov G.T.
Attention!
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