Termination of the case due to the absence of an incident of an offense / termination of the case due to the absence of a corpus delicti
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Police Department of Zhambyl region of the Ministry of internal affairs of the Republic of Kazakhstan
State institution" Police Department of Shu district"
Senior investigator of the investigative department to police Captain G. K. Kikimbayev
081128, Zhambyl region, Shu district, Shu city, K. Satpayev STR., 66.
+7 72643 2-21-02, 8 747 74323 73. from the defender: lawyer's office "Law and law"
IIN 201240021767. Republic of Kazakhstan, 050002, Almaty,
Almaly district, Abylai Khan 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.
Suspect: Sh. A .a. yin........ Address: Zhambyl region .... the city,.... 2/1 Street.
Application form
on termination of the criminal case
In your production there is a criminal case No. 223166031000176 with respect to a suspected citizen of the Republic of Kazakhstan, born on September 8, 1990 in Zhambyl region, by nationality Kazakh, 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, the acquisition of rights to foreign property in a particularly large amount by deception and abuse of trust. The victim in this case is R. K. K. -according to him, the suspect borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to the suspect for the purpose of its continuation, and the suspect brought to the investigating authorities that by his criminal actions he caused property damage to the victim for a total amount of 1,500,000 tenge. However, the suspect said that he received 550,000 tenge from the victim between 2020 and 2022, and he returned 665,000 tenge. The transfer of these funds from the registered in the name of the mother of the suspect, but in the case of the suspect "Nurlukul K." to the named "Caspian gold" condyr, the victim from the "Caspian gold" condyryr was provided to the investigator in kind. In fact, the victim, the suspect, or his transfer to the Caspian gold facility, or otherwise, has not been presented to the investigator to this day and has not found evidence by the investigation. In connection with the provisions of Article 35 of this code, an application for a written pardon was sent to the investigator, in connection with which 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, uses the right to reconcile with the suspect, accused, defendant in cases provided for by law, including through mediation.
Termination of the case due to the absence of an incident of an offense / termination of the case due to the absence of a corpus delicti
As specified in the norm of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan "presumption of innocence", everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for by this code and established by a court verdict that has entered into legal force. No one with son is obliged to prove his innocence. Unresolved doubts about the guilt of the suspect, accused, defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant. In accordance with Article 35 of the Criminal Code of the Republic of Kazakhstan, proceedings in a case are terminated on the grounds provided for in Paragraphs 1) and 2) of the first part of this article, both when the absence of an event of a criminal offense or the composition of a criminal offense is proved, and if all opportunities are used to collect additional evidence, their presence is not proved. At the same time, the relationship of the suspect with the victim can be classified as civil legal relations. Based on the above and in accordance with Articles 19, 35, 105 of the Criminal Code of the Republic of Kazakhstan,
Please:
If you do not have a criminal offense or a criminal offense at the request of the victim R. K. K., You must terminate it in connection with the absence of an incident of a criminal offense or the composition of a criminal offense;
Respond to the application within the time stipulated by law in accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan.
Defender: ___________/ Sarzhanov Galymzhan Turlybekovich "___"_______2022 year
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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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