Speech in the court debate of the Defense speech
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To the judge of the Shu District Court of Zhambyl region M. M. Tleubekov
081128, Zhambyl region, Shu district, Shu city, Kunaev STR., 14 a 726-3213@sud.kz ,
726-3267@sud.kz 8 7264 32 27 74, 8 7264 32-24-02
Defender: law and Law Law Office IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Medeu district, abylai Khana Avenue,
House 79/71, office 304. e-mail: info@zakonpravo.kz website: www.zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55.
The defendant: Sh. A .a. yin.... Address: Zhambyl region, Shu, K. STR., 2/1.
Speech in the court debate of the Defense speech
Dear court!!! In your case, you are considering a criminal case against Sh.A.A. (hereinafter referred to as the defendant), born on September 8, 1990 in Zhambyl region, a citizen of the Republic of Kazakhstan of Kazakh nationality, under Paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan, who repeatedly committed fraud, that is, acquisition of rights to foreign property in a particularly large amount by deception and abuse of trust.
Speech in the court debate of the Defense speech
Dear court, we fully agree today with the charge against the defendant and the indictment of the investigator of July 31, 2022. The defendant sent a petition to a special court with a voluntary intention to conclude a procedural agreement, using his right to conclude a procedural agreement in accordance with Article 65, Part 6, subparagraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan, however, the prosecutor participating in the case dismissed the petition at the court session. At the same time, in accordance with article 613 of the Criminal Code of the Republic of Kazakhstan, the defendant believes that he has no dispute about the nature and amount of damage caused by him, and the victims involved in the case do not have objections to the conclusion of a procedural agreement, and the victims do not have civil claims against the defendant. Dear court, we would like to bring to the attention of the court the following circumstances in the case: Episode 1: the victim in this case zh.n.a. -according to him, the defendant said that in "M-Lombard" LLP there is an investment in gold, and if he invests in it, he receives 20% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul, and the defendant brought property damage to the victim N. Zhanguttieva in the amount of 16,617,000 Tenge, the total value of which exceeds a large amount, to the investigating authorities.
In addition, the victim's words about the investment in gold in" M-Lombard " LLP - the defendant fully agrees. To date, 9,117,000 tenge of property damage caused to the victim in the case remains in the amount of 7,500,000 tenge. In this regard, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, a written application for pardon was sent to the court in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and asked the court to impose a punishment in respect of the defendant not related to imprisonment in a criminal case; Episode 2: The victim in this case A. E. A. – according to him, the defendant said that in "M-Lombard" LLP there is an investment in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul.delivered to the investigating authorities. At the same time, the defendant fully agrees with the words of the victim about the ongoing investment in gold in "M-Lombard" LLP. To date, 3,740,000 tenge of property damage caused to the victim in the case remains in the amount of 2,800,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in connection with the mutual reconciliation of the parties, a written application for forgiveness was sent to the court and asked the court to impose a punishment in respect of the defendant not related to imprisonment in a criminal case;
Speech in the court debate of the Defense speech
Episode 3: the victim in said case is E. G. D.– according to him, the defendant said that "M-Lombard" LLP is investing in gold, and if he invests in it, he receives 15% of his money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. "I don't know," he said. - The defendant fully agrees and confirms. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 2,000,000 tenge. In this regard, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, a written application for pardon was sent to the court in connection with the mutual reconciliation provided for by law, the right to reconcile with the defendant and ask the court against the defendant to impose a punishment not related to imprisonment in a criminal case; Episode 4: the victim in this case B. K. B. – according to him, the defendant said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives 15-25% of his money every monaccording to him, the defendant said that" M-Lombard " LLP is investing in gold, and if he invests in it, he receives 15-25% of his money every month, He said that after 1 year all the money invested will be returned and that he will do this case through a citizen named Aigul, who believed in the words of the defendant, received funds from financial organizations and gave them to the defendant in order to benefit from a light bonus, and the defendant brought property damage to the victim with a He said that after 1 year all the money invested will be returned and that he will do this case through a citizen named Aigul, who believed in the words of the defendant, received funds from financial organizations and gave them to the defendant in order to benefit from a light bonus, and the defendant brought property damage to the victim with a total value of 5,800,000 tenge by his criminal actions-the defendant fully agrees and supports the words he delivered to the investigating authorities. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 5To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 5,300,000 tenge. In this regard, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, a written application for pardon was sent to the court in connection with the mutual reconciliation provided for by law, the right to reconcile with the defendant, and in relation to the defendant asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 5: the victim in this case.According to him, since October 2019, the victim has been working as an eyebrow and eyelash master in a beauty salon located on Satpayev Street, Shu city, near "m– Lombard". It was a friend named Ainur who invited him to work. He works as a nail master in this salon. In addition, it was there that he met the convict, who worked as a nail master.
Speech in the court debate of the Defense speech
Further, while the victim was working in this beauty salon, The dFurther, while the victim was working in this beauty salon, The defendant promised the victim to borrow 150,000 tenge in May 2021 and pay the victim with interest. The defendant does not want to tell the victim that there is an investment in gold or tell the victim that he needs to invest in it. According to the victim, the defendant said that in those years he studied many courses, took the necessary devices for work, and the victim did not pay 150,000 tenge. Then, on March 5, 2022, the defendant asked the victim for additional money. The victim responded to the investigator, who gave 360,000 tenge, that is, 160,000 tenge in cash, and the remaining 200,000 tenge in the name of the defendant's mother, which was transferred to the Caspian gold condyrga Nurlukul. The victim, believing what the defendant said, initially gave 150,000 tenge, followed by 360,000 tenge. Then the defendant received a total of 510,000 tenge and did not return the money for this time. To date, 510,000 tenge of property damage caused to the victim in the case has been fully refunded. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in connection with the mutual reconciliation of the parties, a written application for forgi Further, while the victim was working in this beauty salon, The defendant promised the victim to borrow 150,000 tenge in May 2021 and pay the victim with interest. The defendant does not want to tell the victim that there is an investment in gold or tell the victim that he needs to invest in it. According to the victim, the defendant said that in those years he studied many courses, took the necessary devices for work, and the victim did not pay 150,000 tenge. Then, on March 5, 2022, the defendant asked the victim for additional money. The victim responded to the investigator, who gave 360,000 tenge, that is, 160,000 tenge in cash, and the remaining 200,000 tenge in the name of the defendant's mother, which was transferred to the Caspian gold condyrga Nurlukul. The victim, believing what the defendant said, initially gave 150,000 tenge, followed by 360,000 tenge. Then the defendant received a total of 510,000 tenge and did not return the money for this time. To date, 510,000 tenge of property damage caused to the victim in the case has been fully refunded. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in connection with the mutual reconciliation of the parties, a written application for forgiveness was sent to the court and asked the court to impose a punishment in respect of the defendant not related to imprisonment in a criminal case;
Speech in the court debate of the Defense speech
Episode 6: the victim AAS in said case – according to him, the defendant said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul there, he said that he gave it to the defendant in order to benefit from a light bonus, taking funds from financial organizations, and the defendant caused property damage in the amount of 2,314,000 tenge with the remainder of the refund of the total cost to the victim by his criminal actions-the defendant fully agrees and supports the words delivered to the investigating authorities. To date, 664,000 tenge of property damage caused to the victim in the case remains in the amount of 1,650,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in connection with the mutual reconciliation of the parties, a written application for forgiveness was sent to the court and asked the court to impose a punishment in respect of the defendant not related to imprisonment in a criminal case; Episode 7: according to the victim in this case, the defendant said that "M-Lombard" LLP is investing in gold, and if he invests in it, he receives 15-20 percent of his money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, who gave him 5,460,000 tenge, and the suspect, by his criminal activity, gave the victim a total value of 1,950,000 tenge with the balance he said that he caused property damage and brought it to the investigating authorities – the defendant fully agrees with the response of the victim. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 1,450,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in connection with the mutual reconciliation of the parties, a written application for forgiveness was sent to the court and asked the court to impose a punishment in respect of the defendant not related to imprisonment in a criminal case; Episode 8: the victim in the said case is KNB – according to him, the defendant said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives from 10 to 20% of his money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave it to the defendant in order to get money from financial organizations in order to benefit from light allowances, and the defendant caused property damage in the amount of 6,500,000 tenge for the return of the amount that he gave to the victim by his criminal actions.
Speech in the court debate of the Defense speech
To date, 2,000,000 tenge of property damage caused to the victim in the case remains in the amount of 4,500,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the mutual reconciliation provided for by law, the right to reconcile with the defendant, and in relation to the defendant, the court asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 9: EAM, the victim in said case – according to him, the defendant said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives 10-20% of his money every month, After 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul there, he said that he gave the defendant with the help of financial organizations for the purpose of making a profit with a light bonus, and the defendant caused property damage in the amount of 600,000 tenge for the remainder of the return of the total cost to the victim by his criminal actions-the defendant fully agrees and supports the words delivered to the investigating authorities. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 100,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in connection with the mutual reconciliation of the parties, a written application for forgiveness was sent to the court and asked the court to impose a punishment in respect of the defendant not related to imprisonment in a criminal case; Episode 10: the victim in said case is UGB – according to him, the defendant said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives from 10 to 20% of his money every month, He said that after 1 year, all the money invested will be returned, and this case will be done through a citizen named Aigul, who repeatedly returned the funds for interest, and he gave them to the defendant in order to benefit from financial organizations, and the defendant caused property damage in the amount of 1,640,000 tenge for the remainder of the return of the amount of the total cost to the victim by his criminal actions-the defendant fully agrees with the defendant.
Speech in the court debate of the Defense speech
To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 1,140,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in connection with the mutual reconciliation of the parties, a written application for forgiveness was sent to the court and asked the court to impose a punishment in respect of the defendant not related to imprisonment in a criminal case; Episode 11: victim RRB in said case – according to him, the defendant said that in" M-Lombard " LLP there is an investment in gold, and if he invests in it, he receives from 10 to 20% of his money every month, He said that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and he repeatedly returned the funds for interest, and, believing the words of the defendant, he received funds from financial organizations and gave them to the defendant for the purpose of making a profit with a light bonus, and the defendant brought property damage in the amount of 2,775,000 tenge for the remainder of the return of the amount of the total cost to the victim by his criminal actions-the defendant fully agrees and supports the words of the defendant. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 2,275,000 tenge. In this regard, in connection with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, provided for by law, to reconcile with the defendant, to exercise the right of mutual reconciliation, a written application for pardon was sent to the court and in relation to the defendant asked the court to impose a punishment not related to imprisonment in a criminal case;
Speech in the court debate of the Defense speech
Episode 17: according to the RCC of the victim in this case, the defendant borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to the defendant for the purpose of its continuation, and the defendant delivered it to the investigating authorities, stating that by his criminal actions he caused property damage to the victim for a total amount of 1,500,000 Tenge – the words are fully supported by the defendant. To date, 1,200,000 tenge of property damage caused to the victim in the case remains in the amount of 300,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the mutual reconciliation provided for by law, the right to reconcile with the defendant, and in relation to the defendant, the court asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 18: in this case, the victim A. A.-According to him, the defendant received 20 percent of his money every month, after which all the money invested will be returned, and repeatedly returned the funds transferred to the defendant for the purpose of profit with a light bonus, believing the words of the positive defendant, and the defendant brought property damage in the amount of 1,148,000 tenge with the remainder of the return of the total cost to the victim by his criminal actions - the defendant fully agreed and supported the words of the defendant in power. To date, 648,000 tenge of property damage caused to the victim in the case remains in the amount of 500,000 tenge. In this regard, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, a written application for pardon was sent to the court in connection with the reconciliation provided for by law, the right to reconcile with the defendant, and in relation to the defendant, the court requested that you assign him a punishment not related to imprisonment in a criminal case; "The answers of the victims to the preliminary investigation body and the court -" "m-Lombard" "LLP said that if they invest in gold, they will receive 10-20-30% of their money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, fully supported by the defendant, and ""M-Lombard "" LLP, a citizen named Aigul there did not have any involvement in this case, as they explained in court that they were taken from the defendant's mind." We would like to tell the court that to date, 59,684,000 tenge of property damage has been caused to the above-mentioned 18 victims, of which 24,079,000 tenge has been returned, and the balance is 35,605,000 tenge. In addition, the victims of the case, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, have sent written applications for pardon to the court in connection with reconciliation with the defendant, exercising their right to be reconciled, and ask the court to impose a punishment in relation to the defendant not related to imprisonment in the criminal case; the Court of honor, the defendant fully agrees with the charge and fully admits the guilt. The defendant has not been previously convicted, has not been brought to criminal responsibility, has a permanent place of residence, and is identified. The defendant does not intend to hide from the criminal prosecution authorities or the court, or to interfere with an objective investigation of the case or its consideration in court. In the full compensation of the victims ' damages and civil claims in the criminal case, they do not have civil claims to the defendant. It was not the defendant's intention to defraud the victims, but his inability to return the money from the victims by taking interest in the financial Kobala. In addition, the defendant is legally Married, Married Husband: TGJ Yin ...., (Agricultural worker) has 3 (three) minor children from a common marriage:
Speech in the court debate of the Defense speech
29.04.2014
G. T. born on 10.02.2017
16.03.2020 BC
At the place of residence of the defendant in the city of Shu, .. she lives with her husband and sons and daughters, a friendly family at 2/1 Street. The above-mentioned circumstances Article 53 of the Criminal Code of the Republic of Kazakhstan. Criminal liability and punishment can be classified as mitigating circumstances. In accordance with Article 54 of this code, circumstances aggravating criminal liability and punishment are not determined by the investigating authorities in the case and the materials of the criminal case. In accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan, if the court comes to the conclusion that when imposing a sentence in the form of imprisonment, the convicted person may be corrected without serving the sentence, it decides to consider the imposed sentence conditional. When applying a conditional conviction, the court takes into account the nature and degree of danger to society of the crime committed, the identity of the guilty person, including the circumstances mitigating and aggravating liability and punishment. In fact, we believe that the court has the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a sentence, and we hope that the court will impose a suspended sentence. Or imposing a sentence of restriction of freedom in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan. Taking into account that in accordance with Article 74 of the Criminal Code of the Republic of Kazakhstan, the court may postpone the execution of sentences by convicted women with young children for up to five years, but not more than when the child reaches the age of fourteen. In accordance with article 383 of the Criminal Code of the Republic of Kazakhstan, upon completion of the judicial investigation, the presiding judge announces the transition of the court to the judicial debate the judicial debate consists of the words of the prosecutor, the victim or his representative, the civil plaintiff and the civil defendant or their representatives, the defendant and the defense attorney. After all participants in the judicial debate have made a speech, each of them has the right to once again express brief objections or comments (replicas) on the reasons stated in the speech of representatives of the parties. The right to make the last remark in all cases belongs to the defendant and his defense attorney. Each participant in the judicial debate may submit to the court in writing the wording of the decision proposed by him on the issues specified in Paragraphs 1)-6) of the first part of Article 390 of this code. The proposed formulation will not be binding on the court. Based on the above and in accordance with articles 383, 63 of the Criminal Code of the Republic of Kazakhstan, 74 of the Criminal Code of the Republic of Kazakhstan,
PLEASE THE COURT:
"I'm sorry," he said.;
The serving of the assigned criminal sentence is postponed for five years.
Good-natured defender: ___________/ Sarzhanov Galymzhan Turlybekovich "___"_______2022 year
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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