The Application form for the Investigator to terminate the criminal case
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the investigator from the Bostandyk district Police Department
DP Almaty to Begadilov E.M. +7 747 637 05 20 .
from: Defense attorney Galymzhan Turlybekovich Sarzhanov
Law and Law Law Firm BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 708 578 57 58.
in the interests of: Zh.A.E. IIN ... Almaty, Nauryzbay district, mkr. ..., st. K..., 19.
The petition
on termination of the criminal case
In your production, there are materials of a criminal case registered in the ERDR No. 217514031003083 against J.A.E., on the grounds of a criminal offense provided for in art. 190 of the Criminal Code of the Republic of Kazakhstan. On December 20, 2021, according to the present material of the pre-trial investigation under art. 190, part 3, paragraph 4 of the Criminal Code of the Republic of Kazakhstan, Zh.A.E., was recognized by you as a suspect. According to this material of the pre-trial investigation, the victim is IP ".." represented by a representative of gr. Zh.N.M., the amount of material damage caused is 4,400,000 tenge. On 11/20/2021, the criminal cases registered in the ERDR for No. 217514031002739 and No. 217514031003081 were combined into one proceeding, and the main case number No. 217514031003083 was assigned to the combined criminal cases. However, we do not agree with your above-mentioned resolution, we consider it illegal and unjustified for the following reasons: Between IP ".." and LLP "..." represented by J.A.E., a one-time contract for the supply of goods was concluded for No. 6/9/21 dated 09/06/2021. According to p. 1.1, p. 1 of the Contract, the supplier undertakes to transfer the ownership of the buyer of Wally Plastik nitrile gloves in a total amount of 100,000 pairs at a price of 19 tenge per 1 unit of goods. The buyer made the payment in full in the amount of 1,900,000 tenge. The parties also concluded a similar agreement in the amount of 2,500,000 tenge. As a result, the buyer, according to the agreements, paid 4,400,000 tenge to the seller.
The Application form for the Investigator to terminate the criminal case
Subsequently, the seller entered into an agreement with suppliers for the supply of personal protective equipment from China. However, the supplier did not fulfill the contract requirement and the goods were not delivered on time due to the pandemic caused by the coronavirus, that is, due to restrictions on the delivery of medical goods from the territory of the People's Republic of China. Due to the non-fulfillment of contractual obligations by the seller of Pharm-plus LLP, the buyer appealed to the Specialized Interdistrict Economic Court of Almaty with a statement of claim for recovery of the amount owed. On December 13, 2021, the Judge of the Specialized Interdistrict Economic Court of Almaty, N.A.B., having considered the materials of the civil case No. 7527-21-00-2/10331 on the claim of the individual entrepreneur "TJ Group" to the limited liability partnership "..." for the recovery of the amount of debt, the Judge determined - to accept the civil case. Thus, we explain that to date, this dispute is being tried in court.
The above arguments were given in the protocol of the suspect's interrogation dated 12/21/2021. According to 179 of the Criminal Procedure Code of the Republic of Kazakhstan, which stipulates that applications, reports or reports of a criminal offense on violations based on non-fulfillment or improper execution of civil law transactions made in writing and not recognized by the court as invalid, imaginary or pretended are not subject to registration. According to art. 35, part 1, paragraph 2 of the Criminal Procedure Code of the Republic of Kazakhstan, which stipulates that a criminal case is subject to termination for the absence of elements of a criminal offense in the act. Also in part 2, art. 35 of the Code of Criminal Procedure of the Republic of Kazakhstan states that the proceedings are terminated on the grounds provided for in paragraphs 1) and 2) of part one of this Article, both if the absence of an event of a criminal offense or the composition of a criminal offense is proven, and if their presence is not proven, if all possibilities for collecting additional evidence have been exhausted. In accordance with paragraphs 11, paragraph 9, Article 64 of the Criminal Procedure Code of the Republic of Kazakhstan, where the suspect has the right to file petitions.
The Application form for the Investigator to terminate the criminal case
Article 99 of the CPC of the Republic of Kazakhstan provides that participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with requests for procedural actions or making procedural decisions to establish circumstances relevant during the criminal process, to ensure the rights and legitimate interests of the person who filed the petition or the person they represent. The application is subject to review and resolution immediately after its application. In cases where an immediate decision on the application is not possible, it must be resolved no later than three days from the date of the application. In accordance with Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator and the inquirer are obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case. Based on the above and in accordance with Articles 179 and 35 of the Criminal Procedure Code of the Republic of Kazakhstan,
ask you:
Terminate the criminal case No. 217514031003081 at the request of the sole proprietor "..." at the stage of the pre-trial investigation in relation to the suspect Zh.A.E., upon the commission of an offense under art. 190, Part 3 of the Criminal Code of the Republic of Kazakhstan;
To respond to the application within the prescribed time limits.
Attached documents:
The contract for the supply of goods No. 6/9/21 dated September 6, 2021 concluded between LLP ".." represented by Director J.A.E., and IP "..." represented by Director J.N.;
Product delivery Agreement No.7-2/9/21 dated September 7, 2021, concluded between LLP ".." represented by Director J.A.E., and IP "TG Group" represented by Director J.N.;
The decision of the Council of Economic and Social Council of Almaty on the acceptance of a statement of claim and the initiation of a civil case in a simplified procedure dated November 01, 2021;
The determination of the Council of Economic and Social Council of Almaty on the acceptance of a civil case for its proceedings dated 12/13/2021;
Sincerely, Lawyer: ____________/ Sarzhanov G.T.
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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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