Termination of a criminal case | Criminal Defense Lawyer | Traffic Accident Lawyer

 On 08/10/2021, P.N.A. born in 1982 with a diagnosis of "head injury, open wound", P.A.N. born in 2015 with a diagnosis of "facial abrasions", P.V.V. born in 1989 with a diagnosis of "bruise of the left shoulder" were delivered to the emergency room of the Zhitikarinskaya RB. According to the information of the Zhitikarinskaya RB, these persons were injured as a result of a traffic accident on the Zhitikara-Turgenovka highway. This fact was registered in the Unified Register of Pre-trial Investigations for No. 213944031000435 on the grounds of a criminal offense under art.345 Part 1 of the Criminal Code of the Republic of Kazakhstan dated 08/10/2021. I conducted a pre–trial investigation into this fact, which established the following: on 08/10/2021, at about 01:44 a.m. on the Turgenovka - Zhitikara highway, LV M. 18.10.1990, driving a Lada 21725 state registration plate ...01, collided with two horse heads, resulting in a vehicle flew into a ditch. At the same time, passenger P.V.V. received injuries in the form of a "dislocated left collarbone fracture", as well as passenger P.N.A. received injuries in the form of "SGEM, concussion of the brain". Interviewed as a victim, P.V.V. testified that on 08/9/2021 she was at home with her family. At about 20:00, relatives of the Lopatin family, namely L.V., his wife L.N. and their two minor children, came to visit them from the city of Gitikar. After that, they had a small feast at home, where they drank beer. Then they were going home. Natalia offered to go to them in Gitikara to continue the feast at their home, to which everyone agreed, since they still had to go to the city the next day on their own business. Then her husband Nikolai told LV to get behind the wheel of his Lada 21725 Mr.01 car, as Vladimir did not drink beer that evening, as he had to go to Polemetall LLP early in the morning for employment. Then, having gathered, they all got into the above-mentioned car, Vladimir was driving, and Nikolai was sitting next to him in the front passenger seat. After that, they left the village of Turgenovka for the town of Zhitikara. Driving through the garden society "Michurenets", she saw a horse through the window, which collided, causing the car to fly off to the right. She held her underage son tightly in her arms so that he would not fly out of the car. When the car stopped, she and her three children and Natalia got out of the car, seeing that everything was fine with the children, she and Natalia began to pull Nikolai and Vladimir out of the car, they were covered in blood and everyone was in shock. Then an ambulance arrived, which took her, her husband Nikolai and her child to the Zhitikarinskaya RB, where she and her husband Nikolai were hospitalized in the surgical department, and the child was given to P.S., who is the mother of her husband. P.S. followed them to the hospital. She doesn't know where or how L.'s family left the accident site, as the ambulance took them first. At the same time, P.V.V. does not have a claim to anyone on the fact of an accident, refuses to file a statement and further proceedings. Interrogated as a victim, P.N.A. testified that on 08/9/2021 he was at home with his family. At about 20:00, relatives of L.'s family came to visit them from Gitikar, namely L.V., his wife L.N. and their two minor children. After that, they had a small feast at home, where they drank beer. He, his wife Victoria and L. Natalia drank beer, but Vladimir did not drink beer, as he had to go to Polemetall early in the morning to find a job. Then, after sitting at their house, L. was offered to go to them to continue the feast at their house, to which they agreed. Then, around one o'clock in the morning, they got ready to go to the city. Since he was drinking beer, he got into the front passenger seat himself, and asked Vladimir to get behind the wheel of his Lada 21725 g/n ...01 car, while Natalia and her three minor children and his wife Victoria sat in the back passenger seat. After that, they left Turgenovka in the direction of Gitikar.

 

They were traveling at about 60-80 km/h. Passing through the garden society "Michurenets", after driving about 50-100 meters from the gatehouse, he felt a strong blow to the car, which caused him to hit his head hard on the car panel and pass out. When he came to, he saw that Natalia and Victoria were trying to get him out of the car. Then I heard that someone said that when they were driving along the road, they hit a horse, the car itself was in a ditch, he was bleeding and had a severe headache. After that, an ambulance arrived, which took him and his family to the hospital, where he and Victoria were admitted to the surgical department. At the same time, P.N.A. does not have a claim to anyone on the fact of the accident, refuses to file a statement and further proceedings.

 

Questioned as a witness entitled to defend himself, L.V.M. testified that on August 9, 2021, at about 7:30 p.m., he and his family went to Turgenovka to visit his cousin P.N., where they stayed at their home for about 4 hours. P.N., his wife Victoria and Natalia They drank Rudnenskoye beer in 0.5-liter cans, but he didn't drink beer with them, because he had to go to Polemetall early in the morning to find a job. At about 00:15 hours, they decided to go home, as P.N. the next day it was necessary to go to the city of Gitikara, then we all decided to go to their house at night to continue the feast a little, and go about our business early in the morning. Then Nikolai asked to get behind the wheel of his Lada 21725 g/n ...01 car, as he was sober and did not drink alcohol that evening. He got behind the wheel, P.N. sat in the passenger seat next to him in front, Victoria and Natalia sat in the passenger seat behind him, and the children sat in the middle. Then they left Turgenovka village in the direction of Gitikar, it was dark outside. They were traveling at a speed of about 70-75 km/h. Passing the Michurinets garden society about 50 meters away, as they passed the gatehouse, a horse jumped out from the left side of the road from the curb onto the roadway, which caused a strong blow to the car. He doesn't remember what happened next, but when he came to, he saw that the car had gone off the road into a ditch on the right side. He was in a state of shock, getting out of the car, he saw that the youngest son, Miron, born in 2020, did not open his eyes, he was very scared for the children, grabbed the youngest child in his arms and ran towards the road of Gitikar, his eldest son Yaroslav, born in 2012, was running next to him. As they were climbing onto the highway, his father L. Mikhail drove by, who took him and his children home to Gitikara.... Neither he, nor his wife and his children went to the hospital for medical help after a traffic accident. At the same time, he wants to add that he was sober at the wheel of the car at the time of the traffic accident, and he learned from his father that they had collided with two horses. Questioned as a witness, L.N.N. she showed that on August 9, 2021, at about 7:30 p.m., she and her family went to Turgenovka to visit relatives, namely P.N. There they had a small feast, during which she, P.N. and P.V. drank Rudnenskoye brands in 0.5-liter cans, We drank 3 cans of beer each. After that, they got ready to go home, the time was about 00:10, because they had nothing to get home on, and the Pashins' family had to go to the city the next day, she suggested that they go to their house for the night and continue the feast. To which they all agreed. Then they got into a white Priora car, took 3 cans of Rudnenskoye beer with a volume of 0.5 liters and drove to the city. Her husband, L.V., was driving, as he was not drinking beer that evening, P.N. was sitting next to him in the passenger seat in front, and she, Victoria, and the children were sitting in the passenger seat in the back.

On the way, she suddenly felt a sharp jolt, the car rolled down and stopped abruptly. Then she and Victoria and the children got out of the car on their own. Victoria started shouting "call an ambulance," she called her parents and informed them that they had been in an accident. Then she pulled Nikolai and then her husband Vladimir out of the car, he was covered in blood and scared, grabbed the children and ran towards the city for help. After that, an ambulance crew arrived, who helped Nikolai. P.N.'s parents and her father-in-law arrived next. This ambulance team took P.'s family.. to the emergency room of the Gitikarinskaya RB, and she and P.N.'s parents went with them to the hospital. Neither they, nor her husband, Vladimir, and my children went to the hospital, and they have no complaints about the traffic accident. Questioned as a witness, M.S.N. testified that at 8:15 a.m. on August 9, 2021, he arrived at work, i.e. for a shift. The day passed as usual. At about 01:10 a.m. on 08/10/2021, he went outside to smoke, at that time he saw a car speeding along the Turgenovka-Zhitikara highway at a fast speed of about 80-90 km/h, since it was dark, he did not see the make of the car. Then he heard a thud and saw how the car was swept into a ditch on the right side of the dachas and then the car drove a few more meters and stopped. Then he heard children crying, took a flashlight, ran towards the car to help and saw that 2 women with three crying children were already standing near the car, he also saw two men in the car, one who was sitting in front of the passenger seat, was in a state of shock, and the driver of the car was moaning heavily and his head She was lying on the steering wheel, their faces were completely covered in blood. He is unfamiliar with these people and saw them that night for the first time. After that, he called an ambulance and headed towards the asphalt to meet the ambulance. When the ambulance staff arrived, they began to provide first aid to the man, who was already sitting on the ground. Before going to his lodge, he decided to walk along the asphalt, where he saw two horses knocked down on the asphalt. One horse was lying on the right side of the curb, and the other on the left side. He has nothing more to add on this fact.

 

T.B.B., who was interrogated as a witness, testified that on August 9, 2021, at about 21:00, he and his brother T.Kadyr drove their horses in the amount of 24 heads from the field, which is located in Turgenovka village, ul. ... and drove them towards the Shortanda River into the field. Then Kadyr's brother stayed to graze the horses, and he went home to the city. Then I turned on the TV and went to bed. At about 7:00 a.m., Kadyr's brother called him on his cell phone and informed him that two horses were missing. Then he left for Turgenovka village. On the way to the Gitikara-Turgenovka highway near the Michurenets garden society, my two horses were lying on both sides of the road. Then he called Kadir and told him that he had found the horses, and when my brother arrived, we began to examine the scene together, and saw that there were fragments of headlights and a lot of broken windows on the side of the road. Next, my brother went to ask the watchman of the cottages "Michurenets" if he had seen anything, where the watchman said that at one o'clock in the morning there was a collision between a white car and horses, that there were 2 women, 2 men and 3 children in the car. Then the squad arrived, photographed the horses, recorded their details and left. Kadyr then went to Turgenovka village to get a tractor, and when they arrived back, they loaded the horses into a cart and took them home. On the same day, veterinarians were called, who came and took these two horses to the cattle burial ground to burn them. Later, he found out that the car that hit his horses belonged to a fellow villager, P. Nikolai. On this fact, he wrote a statement to the OP regarding him. Questioned as a witness, S.S.Zh. He testified that on August 10, 2021, at about 10:30 a.m., T. Marat called him on his cell phone and said that during an accident near the Michurenets cottage, a car had hit two of their horses and that at the moment these two fallen horses were at his home in the village of Turgenovka. Next, he told his worker V. Dmitry to prepare the car for departure and went to the village of Turgenovka to get the horses. In the village of Turgenovka, V. Dmitry went alone, loading two dead horses into the back, he took them to the corpse-burning furnace, which is located on the outskirts of the city in the direction of the Stroitelnaya dachas, in order to burn these horses. Since the time was later, V.Dmitry left the manipulator there until the morning, and on the morning of August 11, together with the operator I.A., they disposed of the horse corpses by burning belonging to the farm "B." T.B.B., for two days they burned one head each, since two heads of fallen horses could not fit into the incinerator. At the end of the work, an Act of disposal of the corpses was drawn up. During the investigation of the materials of the criminal case, an inspection of the scene was carried out, during which the following were seized: the external left rear-view mirror from the car; Lada 21725 car, state registration plate 230KNA01; steering wheel cover; grease flush removed from the gearbox; 2 cotton swabs with brown spots, and 2 cans of Rudnenskoye beer, which were examined and attached as evidence.

 

According to this fact, the injured party Pashina V.V. and Pashina N.A. received applications for termination of the criminal case on the fact of their injuries as a result of driving their vehicle. This circumstance precludes further pre-trial investigation. As part of the proceedings, the criminal prosecution body has taken all necessary measures in accordance with Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan to comprehensively and completely examine the available materials of the criminal case. By virtue of the requirements of Article 24, Part 2 of the Criminal Procedure Code of the Republic of Kazakhstan, the criminal prosecution authorities identify factual data on the basis of which circumstances relevant to the case are established. According to Article 24, Part 5 of the CPC, the circumstances of the case are subject to clarification, both aggravating and justifying the suspect, the accused, the defendant, as well as mitigating and aggravating their responsibility and punishment. The body conducting the criminal process must verify all statements of innocence or lesser degree of guilt, as well as the availability of evidence justifying the suspect, the accused, the defendant or mitigating their responsibility, as well as the use of illegal investigative methods in the collection and consolidation of evidence. In accordance with Article 19 of the CPC, no one is required to prove their innocence. Irremediable doubts about the guilt of the suspect, the accused, the defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws should also be resolved in favor of the suspect, the accused, and the defendant. According to art.32, Part 3 of the CPC of the Republic of Kazakhstan, art.345, Part 1 of the CPC of the Republic of Kazakhstan refers to cases of a private-public nature, i.e. proceedings in these cases begin only upon the complaint of the victim and are subject to termination after reconciliation with the suspect, accused, defendant only in cases provided for in art.68 of the Criminal Code of the Republic of Kazakhstan. Due to the fact that there are no complaints from victims on this fact, the proceedings in the criminal case of the ERDR No. 213944031000435 should be terminated on the basis of art.35 part 1 paragraph 5 of the CPC RK, i.e. in the absence of a complaint from the victim. Under such conditions, the termination of a criminal case on other grounds is not allowed, since there is no legal basis for further pre-trial investigation, including the conduct of any examinations. No other composition of the criminal offense has been established. Issues related to compensation for material and moral damage are subject to resolution through civil proceedings.

Based on the above, guided by Articles 35, part 1, paragraphs 5, 198, 288, 289 of the Criminal Procedure Code of the Republic of Kazakhstan, I DECIDED: 1. The proceedings in the criminal case of ERDR No. 213944031000435 registered on the grounds of a criminal offense against a witness entitled to defend L.V.M. under art. 345 part 1 of the Criminal Code of the Republic of Kazakhstan–to terminate, on the basis of art.35 part 1 paragraph 5 of the Criminal Procedure Code of the Republic of Kazakhstan, i.e. due to the absence of a complaint from the victim.

 

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