Termination of the criminal case on theft

The investigator with the OP at the UP of the Alatau district of the DP of Almaty, having reviewed the materials of the pre-trial investigation No. 227590031000554, established, on 04/08/2022 at about 4:30 p.m., O.D.B., born on 10.10.1978, and R.E.A., born on 12.03.1957, in a group of persons by prior agreement, while in the Magnum supermarket located at address: Almaty, ul. Khan Shatyr-273, through free access, TNPS belonging to Magnum Cash&Carry LLP were secretly stolen, however, the latter were detained at the scene of a criminal offense, thereby they could cause material damage to the LLP, represented by a representative by proxy J.E.I., born in 1985, for a total amount of 57,763 tenge. On 04/08/2022, this fact was registered in the ERDR for No. 227590031000554 under art. 188, part 2, paragraph 1 of the Criminal Code of the Republic of Kazakhstan upon theft. On 04/26/2022, the criminal offense was reclassified from art. 188, part 2, paragraph 1 of the Criminal Code of the Republic of Kazakhstan to art. 24, Part 3, 188, Part 1 of the Criminal Code of the Republic of Kazakhstan. On 04/10/2022, the legal representative of Magnum Cash&Carry LLP, J.E.I., born on 11/26/1985, was recognized as a victim in this criminal case, guided by art.71 of the Criminal Procedure Code of the Republic of Kazakhstan. During the pre-trial investigation, R.E.A., born on 12.03.1957, a native of the Russian Federation, residing in Almaty, mkr.... ul., sq.4, was identified and detained. Given the availability of sufficient data indicating that the crime against Magnum Cash&Carry LLP was committed specifically R.E.A., born in 1957, R.E.A.'s guilt is proved by the protocols of the victim's interrogations, as well as by the confessions of the detainee herself. The seized physical evidence, it was the seizure protocol that seized the TNP, and recognized it as physical evidence.  A video recording of the Magnum cameras installed in the building was seized. WMD protocol, witness interrogations. In accordance with Article 202 of the CPC, R.E.A., born on 12.03.1957, a native of the Russian Federation, residing in Almaty, mkr. o., 4, was recognized as a suspect in the case under Articles 24, part 3, 188, part 2, paragraph 1 of the Criminal Code of the Republic of Kazakhstan. During the pre-trial investigation of the criminal case, the victim's representative explained that.And. He works at the Magnum supermarket located at 273 Khan Shatyr Street, Alatau district, as a senior security officer. According to the SAME.I. 08.04.2022 at 08:00 a.m., A.A.T. took over the shift. Since the functional duties of the security service include checking the payment for food and goods, after which, on that day, an observer of video surveillance cameras using a "walkie-talkie" reported that at the 14th cash register illegally previously unknown The woman did not pay for groceries and goods worth 57,763 tenge. So, in an attempt to leave the above-mentioned store, an earlier unknown woman was detained by security personnel at the exit.

 

           On this fact, RE.A. explained the following: on 04/08/2022, at about 17:00, R.E.A. and her daughter O.D.B. left the house and went to the Magnum hypermarket at the address of Almaty, Alatau district, B. Momyshuly St. to buy groceries for the house. And then R.E.A. told her daughter to wait for her in the car. When R.E.A. had already loaded all the products into the cart, she went to the checkout to pay. Later, she noticed that the purchased goods exceeded the amount of more than 30,000 tenge. When R.E.A. had about 20,000 tenge in cash and a pension card of 15,000-17,000 tenge. And in a large package, that is, water, beer, she did not put the rest of the goods at the cash register and walked past the cash register. At that time, the cashier was busy, she got a call on her work phone. According to the following, she gave her cash about 20,000 tenge and paid the rest with a pension card, about 17,000 tenge in a pension card. Next, she packed the goods into bags and walked away from the cash register. R.E.A. loaded the goods into the cart and started exiting the Magnum. Right before leaving, she threw the check into the trash, after which a security officer approached and asked her to go into the room. In the room, the supermarket staff started asking for receipts. And she replied that she had thrown it in the trash before going out. And she told the supermarket staff to take the receipt out of the trash, but they didn't say anything about it. As a result, the security staff began to rewrite the goods, during which they constantly swore and rewrote the ACT of voluntarily issuing goods. A police officer came to the office, and they, together with the security service, issued the documents. All this time she was sitting in the hallway. And then her daughter came up from the street and was scared when she saw R.E.A. that there were police officers nearby. During the pre-trial investigation, the representative of the victim, gr.I., applied for the termination of the criminal case, due to the lack of a claim, including property, as well as in connection with the reconciliation of the parties. A similar statement was made by the suspect, Mr. R.E.A., with consent to terminate the pre-trial investigation on non-rehabilitating grounds, i.e., in accordance with Article 68 of the Criminal Code of the Republic of Kazakhstan and the provisions of Article 35, Part 1, paragraph 12 of the Criminal Code of the Republic of Kazakhstan. In accordance with Article 68, Part 1 of the Criminal Code of the Republic of Kazakhstan, a person who has committed a criminal offense or a crime of minor or moderate severity, not related to causing death, is subject to release from criminal liability if he reconciled with the victim, the applicant, including through mediation, and made amends for the damage caused. In such circumstances, the pre-trial investigation body considers it necessary to terminate the pre-trial investigation on the grounds indicated. Based on the above, guided by art.68 part 1 of the Criminal Code of the Republic of Kazakhstan, art.35 part 1 of paragraphs 12, 198, 288, 289 of the Criminal Procedure Code of the Republic of Kazakhstan, I decided to terminate the proceedings based on the materials of the pre-trial investigation No. 227590031000554.

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