Speech of the defendant in the judicial debate
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To the judge of the Shu District Court of Zhambyl region Tleubekov M. M.
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
Defendant: Shaa Yin ........ Address: Zhambyl region, Shu, City.. 2/1 Street.
Lawyer: law and Law Law Office IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Medeu district,
Abylai Khana Ave., 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.
Speech in the judicial debate of the defendant word
Dear court!!! In your case, you are considering a criminal case against me, born on September 8, 1990 in Zhambyl region, Kazakh nationality, citizen of the Republic of Kazakhstan, 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. Dear court, I fully agree with the charge against me and the indictment of the investigator of July 31, 2022 to date. In order to recognize my guilt, I sent a petition to a special court with a voluntary intention to conclude a procedural agreement using my right to conclude a procedural agreement in accordance with subparagraph 65, Part 6, 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, I do not dispute the nature and extent of the damage caused by me, and I believe that the victims involved in the case have no objections to the conclusion of a procedural agreement, and the victims do not have civil claims against me. Dear court, I would like to note the following circumstances in the case to the attention of the court: Episode 1: the victim in this case – "I said that" "M-Lombard "" LLP is investing in gold, and if you invest in it, you will receive 20% of the 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 I brought to the investigating authorities that by my criminal actions the victim N. Zhanguttieva caused property damage in the amount of 16,617,000 Tenge, the total value of which exceeds the largest amount." In addition, I fully agree with the words of the victim about the ongoing investment in gold in M-Lombard LLP.
Speech of the defendant in the judicial debate
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, an application for a written pardon was sent to the court in connection with the fact that 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, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 2: The victim SEZ in this case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive 15% of your 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. In addition, I fully agree 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, an application for a written pardon was sent to the court in connection with the fact that 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, applies the right to reconcile with the defendant, and asked the court against me to impose a punishment not related to imprisonment in a criminal case; Episode 3: the victim in the said case is EGD– according to him, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives 15% of the money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. words - I fully agree and confirm. 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, an application for a written pardon was sent to the court in connection with the fact that 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, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 4: the victim BCC in said case – according to him, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives 15-25% of the money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, who, believing my words, received funds from financial organizations and gave them to me in order to make a profit with a light bonus, and I said that my criminal activity caused property damage to the victim in the total amount of 5,800,000 tenge "I don't know," he said. - I fully agree and confirm.
To 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, an application for a written pardon was sent to the court in connection with the fact that 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, applies the right to reconcile with the defendant, and asked the court against me to impose a punishment not related to imprisonment in a criminal case; Episode 5: according to tus– the victim in this case, since October 2019, the victim has been employed as an eyebrow and eyelash master in a beauty salon located on Satpayev Street near "m - Lombard", Shu city. It was a friend named Ainur who invited him to work. He works as a nail master in this salon. Besides, he met me there, where he worked as a nail master. Further, while the victim was working in this beauty salon, I promised the victim that in May 2021 he would borrow 150,000 tenge of money and pay the victim with interest. I don't want to tell the victim that there is an investment in gold or tell the victim that they need to invest in it. I told him that in those years, he had studied many courses and received the necessary equipment for work, and that he had not been able to pay 150,000 tenge. Then, on March 5, 2022, I asked the victim for additional debt money. The victim responded to the investigator who transferred 360,000 tenge of funds that he had, that is, 160,000 tenge in cash, and Kalgan 200,000 tenge in the name of my mother trkelen, nurlukul K "Caspian gold".
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 against me to impose a punishment not related to imprisonment in a criminal case; for the above-mentioned 18 victims to date, 24,079,000 tenge of property damage caused by 59,684,000 tenge has been refunded 35,605,000 tenge "I don't know," he said. However, the victims in 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 in connection with the mutual reconciliation of the parties provided for by law, to reconcile with the defendant, and ask the court against me to impose a punishment not related to imprisonment in the criminal case; dear court, I fully agree with the charge and fully admit my guilt. I have not been convicted before, I have not been prosecuted, I have a permanent place of residence, my identity is determined. I do 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. I don't have any civil claims against me.
Speech of the defendant in the judicial debate
I had no intention of deceiving the victims and embezzling their funds, but I was not able to get money from the victims for interest and return it to the financial Kobala. In addition, I am legally Married, Married ERIM: TGJ Yin .., (Agricultural worker) I have 3 (three) minor children from a common marriage:
Born on 29.04.2014 of the century
G. T. born on 10.02.2017
16.03.2020 BC
I live in the city of Shu, K. Street, 2/1, with my sons and daughters and a close-knit family. 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 I 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. 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.
Speech of the defendant in the judicial debate
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,
MY REQUEST FROM THE COURT:
"I'm sorry," he said.;
The serving of the assigned criminal sentence is postponed for five years.
Defendant with good intentions: ___________/ Shaa "___"_______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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