The complaint is submitted to the prosecutor of the district on the basis of Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan.
To the prosecutor of Shu District of Zhambyl region
Kazakhstan, Zhambyl region, S. Tole bi ul. Asatuly 13+7 7263 83 14 00
From The Defender: Lawyer Sarzhanov Galymzhan Turlybekovich
Legal Office" law and law"
IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Almaly district,
Abylai Khan Ave., house 79/71, office 304.
www.zakonpravo.kz info@zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55.
Suspect: ke Muratbekovich
IIN ....
Claim
(On the basis of Article 105 of the Criminal Code of the Republic of Kazakhstan to the actions of the investigator of the TB of the Police Department of the Shu District of the Police Department of the Zhambyl region a Aitbek)
In the Proceedings of the investigator a Aitbek (further investigator) of the TB Police Department of the Shu District of the Police Department of the Zhambyl region, the materials of the criminal case against E. M K (further suspect) on the signs of the composition of the criminal offense provided for by Part 4 of Article 194 of the Criminal Code of the Republic of Kazakhstan are considered.
During the investigation, E. M. K.- For deliberate actions aimed at the destruction of someone else's property or the right to property or the commission of other property-related actions, threatening extortion, that is, the use of force or the threat of destruction or damage to someone else's property, as well as the dissemination of information humiliating the victim or his relatives or other information, the disclosure of which may cause serious damage to the interests of the victim or his relatives, Detained on June 25 , 2025 in accordance with Article 131 of the Criminal Procedure Code of the Republic of Kazakhstan, He was arrested in the temporary detention center of the PD of Almaty, arrested in the pre-trial detention center of the city of Almaty LA-155/18 with a judicial sanction.
25.06.2025 at 14: 18: 50 hours through the application e-Application No. ZT-2025-021164444, with the participation of E. M. K. to familiarize with the documents of all investigative actions and the materials of the criminal case provided for in part 9 of Article 64 of the Criminal Code of the Republic of Kazakhstan or to provide the Defense party with a copy of the application sent to the senior investigator of the TB Police Department of the Shu district a Aitbek bolatnybiz.
However, in accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation, the prosecutor, the judge (court) with a request to establish circumstances relevant in the criminal process, to carry out procedural actions or to make procedural decisions to ensure the rights and legitimate interests of the person applying with a petition or the person they represent.
The petition is subject to consideration and resolution as soon as it is declared. In cases where it is not possible to make a decision on the application immediately, it must be resolved no later than three days from the date of its application.
Based on this article, the defense PARTY requested to familiarize with the case materials by sending an application No. ZT-2025-02116444, to the personal vatsap number of the applicant. However, the investigation, under various pretexts, postpones the petition without consideration as soon as it is submitted, grossly violates the norm of Article 99 of the Criminal Code of the Republic of Kazakhstan.
The Republic of Kazakhstan, having established itself as a democratic, secular, legal and social state, its highest values are man, human life, rights and freedoms (paragraph 1 of Article 1 of the Constitution).
At the same time, everyone has the right to protect their rights and freedoms by all means that do not contradict the law and receive qualified legal assistance (paragraphs 1 and 3 of Article 13 of the Constitution).
In accordance with Section 3 of Article 60 of the Criminal Code of the Republic of Kazakhstan, the investigator is obliged to carry out criminal prosecution by taking all measures for a comprehensive, complete and objective study of the circumstances of the case.
In accordance with Article 1 of the Constitutional Law of the Republic of Kazakhstan" on the prosecutor's office", the prosecutor's office on behalf of the state exercises High supervision over compliance with the rule of law in the territory of the Republic of Kazakhstan within the limits and forms established by law. In accordance with Article 5 of the law, the prosecutor's office carries out high supervision of the rule of law (hereinafter referred to as supervision).
In accordance with Article 105 of the Criminal Code of the Republic of Kazakhstan, complaints against the actions (omissions) and decisions of persons conducting pre-trial investigations filed by persons protecting their rights and interests or the rights and interests represented by them are submitted to the head of the investigation department, the head of the inquiry body, the prosecutor or the court.
The prosecutor, the head of the investigative department, the head of the inquiry body are obliged to consider the complaint within seven days from the moment of its receipt and notify the person who filed the complaint about the decision made. Complaints about a violation of the law during detention, recognition as a suspect, qualification of the suspect's actions, suspension from office, unauthorized inspection, search, seizure, temporary restriction of the disposal of property, suspension of transactions with property and other operations are subject to consideration within three days from the date of receipt. In exceptional cases, when it is necessary to request additional materials for checking the complaint or take other measures, it is allowed to consider the complaint within a period of up to fifteen days with notification of this to the person who filed the complaint.
Based on the above and guided by Article 105 of the Criminal Code of the Republic of Kazakhstan,
I ask you:
* Adopt acts of prosecutor's supervision or acts of prosecutor's response in order to eliminate violations of the rule of law in accordance with the procedure established by law;
* Bringing to disciplinary responsibility police officers responsible for non-performance or improper performance of official duties;
* 25.06.2025 at 14:18: 50 hours through the application e-Application No. ZT-2025-021164444, oblige to familiarize with the documents of all investigative actions with the participation of E. M. K. and the materials of the criminal case provided for in Part 9 of Article 64 of the Criminal Code of the Republic of Kazakhstan;
* Respond to this application within the time limits established by Article 105, Part 2 of the Criminal Code of the Republic of Kazakhstan.
With respect,
Lawyer: Galymzhan Sarzhanov
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