The decision of the investigator to refuse to satisfy the defense attorney's application in the case – recognition of illegal
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To the Shu inter-district prosecutor of Zhambyl region
Kazakhstan, Zhambyl region., S. Tole bi ul. Asatuly 13 +7 7263 83 14 00
From the defender: lawyer's office" Law and law " IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty,
Medeu district, abylai Khana Avenue, house 79/71, office 304.
e-mail: info@zakonpravo.kz website: www.zakonpravo.kz Tel.: +7 708 578 57 58 / 8 727 978 57 55.
Suspect: Sh. A .a. yin. Address: Zhambyl region,.. the city, we were glad .... 2/1 Street.
Complaint
Senior investigator of the Investigation Department of the state institution" Police Department of the Shu District of the Police Department of the Zhambyl region " under the supervision of Police Captain G. K. Kikimbayev, a citizen of the Republic of Kazakhstan of Kazakh nationality, born on September 8, 1990 in Zhambyl region, under Paragraph 2 of Part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan and paragraph 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan A. sh. there is a criminal case No. 223166031000176. On May 24, 2022, at 18:30, the suspect was detained by the pre-trial investigation body in accordance with articles 128-131 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) and placed under arrest in the UIs of the Shu APB, and then in a pre – trial detention center with a judicial sanction.
In this regard, the suspect, the husband, Zhambyl region, the city of Shu,... 2/1, T. G. ZH .in. as an additional defense attorney, he asked the investigator for recognition. However, the investigator of 07.06.2022 in the case of the defense lawyer G. Sarzhanov and the suspect A. sh.the application is subject to rejection because the victims questioned in the case showed that when A. Sh. gave their money, her husband G. Tugelbaev saw her, when A. Shaimerdenova's actions were revealed, when she went to the address and asked for their money, her husband G. T., sister-in-law Balausa and mother N. Sh.said that they would return their money and asked not to apply.
The decision of the investigator to refuse to satisfy the defense attorney's application in the case – recognition of illegal
Currently, in order to establish the absence of involvement of the relatives of the suspect in the pre-trial investigation case, a decision has been made to refuse to satisfy the request of the suspect and the defense lawyer on the grounds that there is a need to interrogate them. In accordance with articles 64, 65-1,78 of the Criminal Code of the Republic of Kazakhstan, a witness, a suspect, a witness who has the right to protection has the right to refuse to give evidence that entails prosecution of himself, his spouse or close relatives for committing a criminally punishable act or administrative offense. Participants in criminal proceedings have the right to apply to a person conducting a pre-trial investigation in accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan with a request to establish circumstances relevant in the criminal process, conduct procedural actions or make procedural decisions to ensure the rights and legitimate interests of the person applying with the petition. It must be satisfied if the petition contributes to a comprehensive, complete and objective study of the circumstances of the case, ensuring the rights and legitimate interests of participants in the process or other persons. 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. The body conducting the criminal process issues a reasoned decision on the complete or partial refusal to satisfy the petition, which is communicated to the person who declared the petition. A decision on a petition may be appealed in accordance with the general rules for filing and considering an appeal established by this code. In accordance with Article 24 of the Criminal Code of the Republic of Kazakhstan, the investigator, Inquirer is obliged to take all measures provided for by law for a comprehensive, complete and objective study of the circumstances necessary and sufficient for the correct resolution of the case. Complaints about 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 in accordance with Article 105 of the Criminal Code of the Republic of Kazakhstan. As specified in Article 58 of the Criminal Code of the Republic of Kazakhstan, the prosecutor is an official within his competence exercising other powers in accordance with Article 83 of the Constitution of the Republic of Kazakhstan and this code, and in the presence of grounds for this, in accordance with the procedure provided for by this code, the prosecutor, by his decision, supervises the legality of pre-trial investigation. Based on the foregoing and the CPC of the Republic of Kazakhstan 24, 58, 64, 65-1,78, 99, 100, 105 in accordance with articles,
Please:
The decision of the investigator of 06.2022 on the refusal to satisfy the application of the defense lawyer in the case G. Sarzhanov and the suspect A. Sh. - recognition as illegal;
Respond to the application within the time stipulated by law in accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan.
Defender: ___________/ Sarzhanov Galymzhan Turlybekovich "___"_______2022 year
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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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