Statement of claim for compensation of material damage caused by unlawful criminal prosecution and compensation for moral damage
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To the Zhitikarinsky district Court of Kostanay region
Plaintiff: J.M.R. IIN ...... place of residence: g. Gitikara, mkr......, 107sq. tel. (WhatsApp) 877.......
plaintiff's representative: Sabit Davletovich Nigmetov, IIN 820125350700
place of residence: g. Gitikara, mkr. 4, 21, sq. 24 cell. tel. (WhatsApp) 87752667988
defendant: T.K.N. IIN ....... place of residence: g. Gitikara, mkr. , sq. 58 sot.
phone 8747........ The price of the claim: 150,000 tenge.
A claim for compensation of material damage,
caused by unlawful criminal prosecution and compensation for moral damage
On March 2, 2021, the Zhitikarinsky District Court of Kostanay region found me innocent and acquitted in a criminal case under Article 131 of Part 2 of the Criminal Code of the Republic of Kazakhstan. The said criminal case was initiated on the complaint of the defendant, T.K.N., about bringing me to criminal responsibility. According to the verdict, I have the right to compensation for the damage caused by a private prosecutor for illegally bringing me to criminal responsibility. The defendant T.K.N. participated in the trial of the case as a private prosecutor. To protect my rights and interests during the criminal trial, I was forced to seek legal assistance from a professional defense lawyer, whose costs amounted to 150,000 tenge. This circumstance is confirmed by the contract for the provision of legal assistance dated 01/30/2021 and payment receipts No.30-01-01 dated 01/30/2021 and No. 01-03-01 dated 03/01/2021. In addition, as a result of the defendant's initiated T.K.N. During the trial, I was in the status of a "defendant" in a criminal case, which caused me moral suffering, which was expressed in a state of discomfort, I felt ashamed in front of my family and friends, as a result of which my sleep, appetite, and irritability were disrupted. Thus, I believe that I suffered moral harm as a result of the defendant's actions. I estimate the amount of money sufficient to compensate for moral damage at 500,000 tenge. These circumstances can be confirmed by witnesses: K.N.V., who lives at the address: g. Gitikara,. mkr., d., sq. 7 cell phone: 8708....., S.K.A., residing at the address: g. Zhitikara, .mkr., 11a, sq. 20, cell phone: 8705.....
Statement of claim for compensation of material damage caused by unlawful criminal prosecution and compensation for moral damage
According to Article 40 of the Criminal Procedure Code of the Republic of Kazakhstan, "Property damage caused to persons specified in the second part of Article 38 of this Code includes compensation for: amounts paid by a person for providing legal assistance." By virtue of the provisions of part 2 of Article 38 of the Criminal Procedure Code of the Republic of Kazakhstan, the persons specified in part 1 of Article 37 of the Criminal Procedure Code of the Republic of Kazakhstan have the right to compensation for harm. According to part 1 of art . 37 of the Criminal Procedure Code of the Republic of Kazakhstan – persons entitled to compensation for harm include those acquitted in court. According to paragraph 2) of Part 3 of Article 951 of the Civil Code of the Republic of Kazakhstan, "Moral damage is compensated, regardless of the fault of the causer, in cases where: harm was caused to a citizen as a result of unlawful criminal prosecution." According to Article 14 of the Civil Code of the Republic of Kazakhstan, "A citizen may claim compensation for material and moral damage." Based on the above, I ask the court: - to recover from the defendant T.K.N. in my favor, the amount of material damage for paid legal aid in the amount of 150,000 tenge, is to recover from the defendant T.K.N. in my favor, the amount of compensation for moral damage in the amount of 500,000 tenge. - to collect from the defendant T.K.N. in my favor the amount of legal costs incurred for the payment of the state duty in the amount of 2959 tenge, the cost of paying for the services of Kazpost JSC in the amount of 580 tenge, a total of 3539 tenge. - to interrogate K.N.V., S.K.A. as witnesses at the court session. Appendix: copies of receipts for payment of the state fee, a copy of the verdict of the Zhitikarinsky District Court of Kostanay region dated 03/02/2021, a copy of the claim, a copy of the postal notification, a copy of the receipt for payment of Kazpost JSC, a power of attorney for the representative, a copy of the lawyer's certificate, a copy of the notice of representation.
04/27/2021 G.J.M.R. representative S.D. Nigmetov
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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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