The court refused to apply a preventive measure in the form of detention and ordered to be under house arrest.

 

On May 15, 2023, the senior investigator of the Almaly district Police Department of Almaty initiated Petitions for the application of a preventive measure in the form of detention for a period of 10 days until the qualification was determined, to which the district prosecutor's office agreed and sent it to the Specialized Interdistrict Investigative Court of Almaty.

Defense b sent a petition to the court to refuse to apply a preventive measure in the form of detention for a period of 10 days until the qualification is determined based on the arguments listed below, Dear Court, We do not agree with the charge against my client, since there are no grounds for detention. The defendant, R.E.E., has no previous criminal record, has not been brought to criminal responsibility, has a permanent place of residence, and his identity has been established. R.E.E., does not intend to hide from the criminal prosecution authorities or the court, or to obstruct an objective investigation of the case or its trial in court.

A criminal case registered in the ERDR for No. 237511031001537 dated May 13, 2023 under art. 190, Part 3, paragraph 3 of the Criminal Code of the Republic of Kazakhstan is being investigated in the proceedings of the SB UP of the Almaly district of the DP of Almaty. Fraud against two or more persons.

In addition, R.E.E. has a minor child from his marriage to his spouse from R.S.A.:

E.A.E. born on 22.02.2022.

 

And also, the actions of the defendant are not qualified correctly. There are grounds for exemption from criminal liability and further detention in accordance with Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, which stipulates 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 a criminal offense event or 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 addition, on May 14, 2023, from 5 p.m. to 7 p.m., gAlmaty L.A.V., Deputy Head of the Almaly district Police Department, interrogated the suspect R.E.E. in the premises of the investigative office No. 521, the building of the Almaly district Police Department in Almaty.. However, in fact, this interrogation was conducted by investigator A.Zh..

Prior to the start of the interrogation, I verbally submitted to investigator A.Zh. an oral request for familiarization with the materials of the criminal case in accordance with Article 70 of the Criminal Procedure Code of the Republic of Kazakhstan, the defender has the right, from the moment he enters the case, to familiarize himself with the following materials of the case against his client: a statement, a person's report on a criminal offense, except for the personal data contained therein; a report on the registration of such a statement or message in the unified register of pre-trial investigation, with the exception of the personal data contained therein; protocols of investigative and procedural actions carried out with the participation of the defendant.

However, my oral petition was ignored by investigator A.Zh.

 

My client's guilt has not been confirmed, suspicion of committing a criminal offense, there are no grounds for applying a preventive measure in the form of detention to the detainees, the detention was carried out in significant violation of the requirements of Article 131 of the Criminal Procedure Code of the Republic of Kazakhstan, that is, during the arrests they did not invite a defense lawyer, did not inform relatives, did not give an opportunity to call a lawyer, and there are no legitimate grounds for the relatives for detention.

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 in this Code and established by a court verdict that has entered into force. No one has to prove their innocence.

         Irremediable doubts about the guilt of the suspect, the accused, the defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws should also be resolved in favor of the suspect, the accused, and the defendant.

         This is evidenced by the testimony of witnesses and victims that, in fact, my client was engaged in entrepreneurial activity and has an operating workshop for the manufacture of furniture and there are executed transactions on obligations. In addition, all victims have written Contracts and, in addition, refunds have been made for many victims.

This fact contradicts Part 4 of Article 414 of the Criminal Code of the Republic of Kazakhstan (Knowingly illegal detention, detention or detention). Deliberate failure to notify the relatives of the suspect of the fact of his detention and location, illegal refusal to provide information about the place of detention of a person to a citizen who has the right to receive such information, as well as falsification of the time of drawing up the protocol of detention or the time of actual detention.

According to Part 2 of Article 138 of the Criminal Procedure Code of the Republic of Kazakhstan (Circumstances taken into account when choosing a preventive measure and establishing additional restrictions) In the absence of the grounds listed in Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan (the defendant does not intend to hide from the criminal prosecution authorities or the court, or they will prevent an objective investigation of the case or its trial in court), the severity of the crime committed cannot be the only reason for choosing a preventive measure in the form of detention.

According to art.136 part 1-1 of the Criminal Procedure Code of the Republic of Kazakhstan. When choosing a preventive measure against a suspect or accused, it is necessary to consider the possibility of applying a less severe preventive measure, if any, provided for in art. 137, paragraph 1, paragraph 1.2.3.4.5.6.

        On the grounds of the above and in accordance with Articles 136, 137, 145 of the Criminal Procedure Code of the Republic of Kazakhstan, We asked the court to: Refuse to satisfy the Investigator's request for the application of a preventive measure in the form of detention for a period of 10 days until the qualification is determined; Apply a preventive measure not related to isolation from society to my client R.E.E.

        On the same day, the judge of the investigative court decided to dismiss the Petition and apply the House arrest measure against my client.

 

 

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