Termination of a criminal case after the expiration of the statute of limitations for criminal prosecution

 

In the proceedings of the SB UP of the Auezovsky district of the DP of Almaty, a criminal case is being investigated registered in the ERDR for No. 257513031000694 against T.N. on the fact of committing a criminal offense under art. 122, Part 1 of the Criminal Code of the Republic of Kazakhstan, that is, Sexual intercourse or other acts of a sexual nature with a person who is obviously under the age of sixteen, as well as receiving prostitution services, other sexual services provided by a known minor.

According to the arguments of the pre-trial investigation body that on 04/09/2025, a call was received at the control panel 102 of the Central Administrative District of Almaty from K.S. 1976, it was reported that in the period from 2022 to 01/28/2025, O.T.N., located at the address: Almaty, md. Zhetysu- D. , sq.15, had sexual contact with her daughter , S.M., born on July 18, 2008, i.e. with a minor under the age of 16.

On April 18, 2025, the act of O. T. N. was qualified under art. 122 Part 1 of the Criminal Code of the Republic of Kazakhstan.

04/15/2025 at 22:00 p.m., O. T.N. was detained in Aktau and taken to Almaty. Also,

On 04/17/2025, at 20:20 p.m., in accordance with Articles 128, 131 of the Criminal Procedure Code of the Republic of Kazakhstan, he was detained and placed in an IVS in Almaty.

 We are contacting you in view of the unfair and biased investigation of criminal case No. 257513031000694 against my client, O. T.N., suspected by his mother-in-law to S.S., on the fact of alleged sexual contact with his younger daughter, that is, with his wife's own sister.

It should also be taken into account that the representative of the victim To S.S. is the mother of both the victim and the spouse of the suspect, O.T.N. The representative of the victim To S.S. stated to the criminal prosecution body that she has no claims against O. T.N., and she denies the very fact of sexual contact, that is, the Representative of the victim To S.S. wrote a statement from the words of her daughter, who made up about the alleged intimate relationship, I believe that this circumstance should be taken into account.

The case itself initially began due to a misunderstanding of a family nature, in addition, there is a reservation by my client because there was no sexual relationship between S. M. and my client.

         However, the completeness, comprehensiveness and objectivity, as well as legality in this criminal case is not ensured.

On May 01, 2025, a representative of the victim, K.S.S., with the consent of the victim, S.M., an appeal was written and sent to the prosecutor's office and to the UP of the Auezovsky district, gle clearly indicated that she wrote a police statement against my client only from her daughter's words in a fit of emotion, moreover, she herself did not double-check and was not convinced of She did not ask her son-in-law about the authenticity of her daughter's words.

Today, there are also problems in the family plan, since my client's wife does not believe her mother's words, moreover, all this was done intentionally, only from the words of her youngest daughter.

Having received the author's statement with the above wording, the investigators are now trying to put pressure on the mother as the applicant and on the daughter as the victim so that they do not withdraw the statement, and at this time the person who did not commit this crime is in custody, moreover, what moral and psychological pain he is experiencing.

In this case, even the electronic criminal case itself does not fully contain the procedural documents, it also makes it difficult for us to protect the process and assess its objectivity and completeness.

On July 1, 2025, the senior investigator of the Auezovsky district Police Department of Almaty, B.M.M., having reviewed the materials of the pre-trial investigation No. 257513031000694, on 04/09/2025, K.S.S. filed a statement with the Auezovsky district Police Department stating that during the period from 2022 to 01/28/2025 at the address: Auezovsky district, mkr. Zhetysu-.d.... 15, O.T.N. had sexual intercourse with her minor daughter, S.M.N., born on July 18, 2008, who was under the age of 16.

On 04/09/2025, this fact was registered in the Administrative Division of the Auezovsky district in ERDR No. 257513031000694 under art. 122 Part 1 of the Criminal Code of the Republic of Kazakhstan. According to the conclusion of the forensic philological examination, "The general orientation of the presented conversations between interlocutors is defined as communication in terms of informal relations between them.

The topic of communication as a whole boils down to a discussion of common activities for the interlocutors related to the discussion of everyday topics, namely about studies and about health (possibly about gums, stomatitis or teeth), as well as about the insistence on the part of the O.T.N. to talk with the minor S.M.N.

In the presented conversation, there is no semantic component of an intimate (sexual) nature between the minor victim S.M.N. and the suspect O.T.N. In this conversation, namely in the speech of O.T.N., there is a semantic component of encouraging the minor S.M.N. to talk."

At the same time, upon additional interrogation of the suspect, O.T.N., it was established that in January 2022, the latter was located at the address: Auezovsky district, mkr. Zhetysu-. d. 1 sq. 15 molested a minor S.M.N. touching her buttocks, but did not engage in sexual intercourse.

Thus, based on the above, it became necessary to reclassify the actions of the suspect from art.122 Part 1 of the Criminal Code of the Republic of Kazakhstan to art.122-1 of the Criminal Code of the Republic of Kazakhstan. Based on the above, guided by Articles 198, 207, Part 1 of the Criminal Procedure Code of the Republic of Kazakhstan, I DECIDED: 1. To classify the criminal offense under pre-trial investigation No. 257513031000694 from Article 122, Part 1 of the Criminal Code of the Republic of Kazakhstan to Article 121-1 of the Criminal Code of the Republic of Kazakhstan. 2. Send this resolution to the supervising prosecutor.

Subsequently, on July 10, 2025, the pre-trial investigation body issued a decision to terminate the pre-trial investigation. Senior investigator of the SB UP of the Auezovsky district of Almaty Bekturganova M.M., having reviewed the materials of the pre-trial investigation No. 257513031000694, established:On 04/09/2025, the control panel 102 of the Central Educational Institution of Almaty received a call from the CS.Since 1976, a message was received that in 2022, O.N., located at the address: Almaty, md. Zhetysu-d... kv.15 committed sexual acts with her daughter S.M.N., born on 18.07.2008, i.e. with a minor under the age of 16.On 04/09/2025, this fact was registered in the Administrative Register of the Auezovsky district for No. 257513031000694 under art. 122 Part 1 of the Criminal Code of the Republic of Kazakhstan.04/24/2025. the acts of the suspect O.T.N. were qualified by post.122 Part 1 of the Criminal Code of the Republic of Kazakhstan.

During the pre-trial investigation, it was established that in January 2022, the minor S.M. was in her room with her son-in-law O.T.N. in an apartment located at the address: mkr. Zhetysu-.d..., sq.15, where the latter committed indecent acts against a minor S.M., namely with a sexual touch: hugged and touched her buttock.

In turn, S.M. pushed O.T.N. away from her, after which he left her room.On 04/18/2025, O.T.N. was recognized as a suspect in a criminal case.

Interrogated as a suspect, O.T.N. fully admitted his guilt in committing the above-mentioned criminal offense and repented of what he had done.

07/01/2025 the qualification of a criminal offense was changed comp.122 Part 1 of the Criminal Code on Articles 121-1 of the Criminal Code of the Republic of Kazakhstan.

Thus, O.T.N. committed an indecent act of a sexual nature against a person who was obviously under the age of sixteen, involving sexual touching, thereby committing a criminal offense under Articles 121-1 of the Criminal Code of the Republic of Kazakhstan.

According to Article 11, Part 3 of the Criminal Code of the Republic of Kazakhstan, a criminal offense provided for in Article 121-1 of the Criminal Code of the Republic of Kazakhstan belongs to the category of a criminal offense, that is, for which the maximum penalty provided for in this Code is punishable by correctional labor in the amount of up to two hundred monthly calculation indices or community service for up to two hundred hours, or arrest for up to fifty days with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

According to Article 71, part 1, paragraph 1 of the Criminal Code of the Republic of Kazakhstan, a person is released from criminal liability if one year has elapsed after the commission of a criminal offense, whereas more than 3 years have elapsed since the commission of this criminal offense.

At the investigation stage, a statement was received from the suspect O.T.N., where he requests in his statement to terminate the criminal case due to the expiration of the statute of limitations, I have read and agree with the requirements of art. 35 part 1 paragraph 4 of the Criminal Code of the Republic of Kazakhstan, art. 71 part 1 paragraph 1 of the Criminal Code of the Republic of Kazakhstan and the legal consequences of termination of the criminal case, He has no complaints to anyone.

According to Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, all measures provided for by law have been taken for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case, alone with this, the period of pre-trial investigation provided for by law has expired, which is one of the circumstances precluding the proceedings.

Based on the above, guided by art.35, part 1, paragraphs 4, 198, 288,289 of the Criminal Procedure Code of the Republic of Kazakhstan,1.

To terminate the criminal case registered in the ERDR for No. 257513031000694 in respect of O.T.N., after the expiration of the statute of limitations for criminal prosecution, in accordance with art. 35, part 1, paragraph 4 of the CPC RK.2.

Notify all interested parties of the decision, with a simultaneous explanation of the rights to appeal the decision to the prosecutor in accordance with art. 105 of the CPC RK or the court in accordance with art. 106 of the CPC RK.

3. To cancel the previously chosen measure of procedural coercion in the form of a "subscription not to leave and proper behavior" in relation to O. T.N.

4. Send a copy of this resolution to the prosecutor of the Auezovsky district of Almaty.

 

 

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