The complaint to the prosecutor's office concerns the inaction of the investigator
The prosecutor's Office of Turan District of Shymkent
SDTBT: on the case No. 267914031000483.
Applicant: Ka R A
IIN:....
Shymkent city,.... resident.
Representative by power of attorney:
Legal office" law and law"
Bin 201240021767.
Lawyer Sarzhanov Galymzhan Turlybekovich
Republic of Kazakhstan, 050002, Almaty, Almaly
district, abylai Khana Avenue, house 79/71, office 304.
info@zakonpravo.kz www.zakonpravo.kz
Tel.: +7 708 971 78 58 / 8 727 971 78 58.
Complaint
the investigator A. A. Sagyndyk took part in the inaction
Currently, a pre-trial investigation is being conducted against Ashdilmuratovna in accordance with Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan on the basis of the statement of the investigator of the TB of the Turanian District Police Department of the Shymkent City Police Department Sagyndyk A. A., Kasimova R Aidaralievna. This criminal case is registered in the Unified Register of pre-trial investigations (hereinafter referred to as SDTBT) No. 267914031000483.
Within the framework of this criminal case, on March 30, 2026, R. A. Kasimova's application for obtaining video surveillance records from the administration of the Zhibek Zholy market was sent to the Turan District Police Department of the Shymkent City Police Department and registered in the E-Application Information System under the number ZT-2026-01322193.
In accordance with Part 4 of Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, the petition is subject to consideration and resolution as soon as it is submitted, and if it cannot be resolved immediately, it must be resolved no later than three days later.
However, despite the expiration of the specified deadlines, no procedural decision has been made on this petition by the investigator A. A. Sagyndyk, as well as no response has been given on the results of consideration of the petition.
This, in turn, means the inaction of the investigator, failure to fulfill the tasks of a full, comprehensive and objective investigation of the criminal case.
In addition, taking into account the fact that the videos specified in the petition are stored for a limited period of time, the inaction of the investigator can lead to the loss of important evidence, which will seriously interfere with establishing the truth in the criminal case.
In accordance with Part 1 of Article 100 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), if the procedural actions carried out affect the interests of the participants in the process, as well as individuals and legal entities, they may appeal against the decisions and actions of the person, prosecutor, court or judge conducting the pre-trial investigation in accordance with the procedure established by this code.
In accordance with part 105 1 of the CPC, complaints against the actions (omissions) and decisions of persons carrying out 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, the court.
And Part 2 of this article provides for the following: the prosecutor, the head of the investigation department, the head of the inquiry body within seven days from the moment of receipt of the complaint must consider it and notify the person who filed the complaint about the decision made.
The head of the investigation department, the head of the inquiry body and the prosecutor authorized to consider complaints in accordance with Article 105 of the CPC in accordance with Part 21 of the instruction on the procedure for considering procedural decisions and actions (omissions) of officials conducting proceedings in a criminal case (hereinafter referred to as the instruction) are obliged, within the limits of their powers, to immediately take measures to restore the violated rights and legitimate interests of participants in criminal proceedings, as well as other individuals or legal entities.
In accordance with Part 24 of the instructions, the issue of liability of guilty officials is considered simultaneously on satisfied complaints considered in accordance with Article 105 of the CPC, as well as considered by a higher official.
Guided by articles 100, 105 and 193 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ASK YOU:
* Provide mandatory instructions to the investigator Sagyndyk A. A. on ensuring the prompt receipt, consideration and registration of video surveillance recordings on the territory of the Zhibek Zholy market, which are important evidence for a criminal case;
* Bringing to disciplinary responsibility of the Turan district PB of the Shymkent City PD for the inaction of the investigator A. A. Sagyndykty of the TB.
With respect,
Representative / lawyer by power of attorney: G. T. Sarzhanov
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