The Last Word of the defendant at the hearing
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To the judge of the Shu District Court of Zhambyl region Tleubekov M. M.
081128, Zhambyl region, Shu district, Shu city, Kunaev STR., 14 a
726-3213@sud.kz , 726-3267@sud.kz 8 7264 32 27 74, 8 7264 32-24-02
Defendant: SH BA Yin ............ Address: Zhambyl region, Shu, City... 2/1 Street.
Defender: law and Law Law Office 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.
The last word of the defendant
Dear court!!! In your case, you are considering a criminal case against me, born on September 8, 1990 in Zhambyl region, Kazakh nationality, citizen of the Republic of Kazakhstan, 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, who repeatedly committed fraud, that is, acquisition of rights to foreign property in a particularly large amount by deception and abuse of trust. Dear court, I fully agree with the charge against me and the indictment of the investigator of July 31, 2022 to date. In order to recognize my guilt, I sent a petition to a special court with a voluntary intention to conclude a procedural agreement using my right to conclude a procedural agreement in accordance with subparagraph 65, Part 6, 3 of the Criminal Procedure Code of the Republic of Kazakhstan, however, the prosecutor participating in the case dismissed the petition at the court session. At the same time, in accordance with article 613 of the Criminal Code of the Republic of Kazakhstan, I do not dispute the nature and extent of the damage caused by me, and I believe that the victims involved in the case have no objections to the conclusion of a procedural agreement, and the victims have no civil claims against me, as evidenced by the victims ' applications for pardon sent to the court.
The Last Word of the defendant at the hearing
Dear court, I would like to note the following circumstances in the case to the attention of the court: Episode 1: the victim in this case – "I said that" "M-Lombard "" LLP is investing in gold, and if you invest in it, you will receive 20% of the money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul, and I brought to the investigating authorities that by my criminal actions the victim N. Zhanguttieva caused property damage in the amount of 16,617,000 Tenge, the total value of which exceeds the largest amount." In addition, I fully agree with the words of the victim about the ongoing investment in gold in M-Lombard LLP. To date, 9,117,000 tenge of property damage caused to the victim in the case remains in the amount of 7,500,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and asked the court against me to impose a punishment not related to imprisonment in a criminal case; Episode 2: The victim SEZ in this case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive 15% of your money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul.delivered. In addition, I fully agree with the words of the victim about the ongoing investment in gold in M-Lombard LLP.
To date, 3,740,000 tenge of property damage caused to the victim in the case remains in the amount of 2,800,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 3: the victim in the said case is EGD– according to him, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives 15% of the money every month, after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul. words - I fully agree and confirm. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 2,000,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case;
The Last Word of the defendant at the hearing
Episode 4: the victim BKB in said case – according to him, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives 15-25% of the money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, who, believing my words, received funds from financial organizations and gave them to me in order to make a profit with a light bonus, and I said that my criminal activity caused property damage to the victim in the total amount of 5,800,000 tenge "I don't know," he said. - I fully agree and confirm. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 5,300,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 5: according to tus– the victim in this case, since October 2019, the victim has been employed as an eyebrow and eyelash master in a beauty salon located on Satpayev Street near "m - Lombard", Shu city. It was a friend named Ainur who invited him to work. He works as a nail master in this salon.
Episode 6: the victim AAS in said case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive 10-20% of your money every month, I fully agree with the words of the investigative authorities, saying that after 1 year all the money invested will be returned and that such a case will be done through a citizen named Aigul, who gave me money from financial organizations for the purpose of making a profit with a light bonus, and that I caused property damage in the amount of 2,314,000 tenge in the amount of the refund of the total cost to the victim by my criminal actions. To date, 664,000 tenge of property damage caused to the victim in the case remains in the amount of 1,650,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 7: according to the AIS victim in this case, the suspect said that "M-Lombard" LLP is investing in gold, and if he invests in it, he receives 15-20 percent of his money every month, after 1 year all the money invested will be returned, and this case is done through a citizen named Aigul, he gave him 5,460,000 tenge, and the suspect, by his criminal activity, gave the victim a total value of 1,950,000 tenge with the balance he said that he had caused damage and was brought to the investigating authorities – I fully agree with the answer of the victim.
The Last Word of the defendant at the hearing
To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 1,450,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and asked the court against me to impose a punishment not related to imprisonment in a criminal case; Episode 8: the victim in the said case is KNB – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, I fully agree with his words, which he delivered to the investigating authorities, saying that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul there, and that he returned the funds that he gave several times for interest, and that he gave me money from financial organizations for the purpose of making a profit with a light bonus, and that my criminal actions caused property damage in the amount of 6,500,000 tenge from the return of the total cost to the victim. To date, 2,000,000 tenge of property damage caused to the victim in the case remains in the amount of 4,500,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 9: EAM, the victim in said case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive 10-20% of your money every month, I fully agree with the words that I delivered to the investigating authorities, saying that after 1 year all the money invested will be returned and this case will be done through a citizen named Aigul. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 100,000 tenge. In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, was sent to the court with a written application for forgiveness in connection with the reconciliation of the defendant, which is provided for by law, and asked the court against me to impose a punishment not related to imprisonment in a criminal case; Episode 10:
The victim in the said case is UGB – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, I fully agree with his words, which he delivered to the investigating authorities, saying that after 1 year all the money invested will be returned and that I will do this case through a citizen named Aigul there, and that he returned the funds that he gave several times for interest, and that he gave me money from financial organizations for the purpose of making a profit with a light bonus, and that he caused property damage in the amount of 1,640,000 tenge from the return of the total cost to the victim by his criminal actions. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 1,140,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 11: victim RRB in said case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave it to me for the purpose of making a profit from financial organizations, believing my words, and I brought to the investigating authorities property damage in the amount of 2,775,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with him.
To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 2,275,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and asked the court against me to impose a punishment not related to imprisonment in a criminal case; Episode 12: the victim of this case, according to RAB-I told him that M-Lombard LLP is investing in gold, and if he invests in it, he receives between 10 and 20 percent of his money every month, I am convinced that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and I have repeatedly returned the funds that I gave to the suspect for the purpose of obtaining money from financial organizations, believing my words, and I have brought property damage in the amount of 2,350,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with my words. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 1,850,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 13: in this case, I, according to the victim zh.A., said that M-Lombard LLP is investing in gold, and if it invests in it, it receives between 10 and 20 percent of its money every month, I am convinced that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and I have repeatedly returned the funds that I gave to the suspect for the purpose of obtaining funds from financial organizations and making a profit on the basis of my words, and by my criminal actions I have brought property damage in the amount of 2,000,000 tenge from the return of the total cost to the victim.
The Last Word of the defendant at the hearing
To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 1,500,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 14: the victim SRT in said case – according to me, I said that M-Lombard LLP is investing in gold, and if you invest in it, you will receive from 10 to 20% of your money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave me money from financial organizations for the purpose of making a profit with a light bonus, and I brought to the investigating authorities that by my criminal actions I caused property damage in the amount of 1,600,000 tenge from the return of the total cost to the victim. To date, 500,000 tenge of property damage caused to the victim in the case remains in the amount of 1,100,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 15: according to the victim of this case, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives between 10 and 20 percent of its money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave it to me for the purpose of making a profit from financial organizations, believing my words, and I brought to the investigating authorities property damage in the amount of 1,640,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with his words.
To date, 1,000,000 tenge of property damage caused to the victim in the case remains in the amount of 640,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 16: according to the victim of this case, according to the OGB, I said that M-Lombard LLP is investing in gold, and if it invests in it, it receives between 10 and 20 percent of its money every month, He said that after 1 year all the money invested will be returned, and this case will be done through a citizen named Aigul there, and he returned the funds that he gave several times for interest, and he gave it to me in order to make a profit from financial organizations, believing what I said, and I brought property damage in the amount of 1,700,000 tenge from the return of the total cost to the victim by my criminal actions-I fully agree with his words. To date, 700,000 tenge of property damage caused to the victim in the case remains in the amount of 1,000,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 17: the victim in this case – according to the RCC-reported to the investigating authorities that I borrowed 1,500,000 tenge from the victim, took the necessary equipment and gave it to me for the purpose of its continuation, and that by my criminal actions I caused property damage to the victim in the total amount of 1,500,000 tenge - I fully support the words. To date, 1,200,000 tenge of property damage caused to the victim in the case remains in the amount of 300,000 tenge. In this regard, an application for a written pardon was sent to the court in connection with the fact that the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, applies the right to reconcile with the defendant, and in relation to me asked the court to impose a punishment not related to imprisonment in a criminal case; Episode 18: the victim in this case, A. A. –According to him, I received 20 percent of the money every month, then all the money invested will be returned, and he repeatedly returned the funds that he gave me for the purpose of making a profit with a light bonus, believing what I said, and by my criminal actions caused property damage in the amount of 1,148,000 tenge from the return of the total cost to the victim-I fully agree with his words. To date, 648,000 tenge of property damage caused to the victim in the case remains in the amount of 500,000 tenge.
In this regard, the victim, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, in connection with the mutual reconciliation provided for by law, to reconcile with the defendant, and asked the court to impose a punishment in relation to me not related to imprisonment in a criminal case; the above-mentioned 18 victims to date have a refund of 24,079,000 tenge of property damage caused by 59,684,000 tenge 35,605,000 tenge "I don't know," he said. But the victims of the case, in accordance with the rights provided for in paragraph 6, subparagraph 8 of Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, have sent to the court applications for written pardon in connection with the reconciliation of the defendant, the right to be reconciled, and ask the court against me to impose a punishment not related to imprisonment in a criminal case; dear court, I fully agree with the charge and fully admit my guilt. I have not been convicted before, I have not been prosecuted, I have a permanent place of residence, my identity is determined. I do not intend to hide from the criminal prosecution authorities or the court, or to interfere with an objective investigation of the case or its consideration in court. I have no civil claims against me, which fully reimbursed the victims ' expenses in the criminal case, civil claims. I had no intention of deceiving the victims and embezzling their funds, but I was not able to get money from the victims for interest and return it to the financial Kobala. In addition, I am legally Married, Married ERIM: TGJ Yin ...., (Agricultural worker) I have 3 (three) minor children from a common marriage:
29.04.2014
G. T. born on 10.02.2017
16.03.2020 BC
I live in the city of Shu, K... we live with my sons and daughters and a friendly family at 2/1 Street. The above-mentioned circumstances Article 53 of the Criminal Code of the Republic of Kazakhstan. Criminal liability and punishment can be classified as mitigating circumstances. In accordance with Article 54 of this code, circumstances aggravating criminal liability and punishment are not determined by the investigating authorities in the case and the materials of the criminal case. In accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan, if the court comes to the conclusion that when imposing a sentence in the form of imprisonment, the convicted person may be corrected without serving the sentence, it decides to consider the imposed sentence conditional. When applying a conditional conviction, the court takes into account the nature and degree of danger to society of the crime committed, the identity of the guilty person, including the circumstances mitigating and aggravating liability and punishment. In fact, we believe that the court has the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a sentence, and I hope that the court will impose a suspended sentence. Or imposing a sentence of restriction of freedom in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan.
The Last Word of the defendant at the hearing
In accordance with Article 74 of the Criminal Code of the Republic of Kazakhstan, the court may postpone the execution of sentences by convicted women with young children for up to five years, but not more than when the child reaches the age of fourteen. At the end of the judicial debate, guided by Article 384 of the Criminal Code of the Republic of Kazakhstan, the presiding judge gives the last floor to the defendant. The defendant is not allowed to ask any questions during his last word. The court does not have the right to establish the duration of the last word of the defendant. Based on the above and in accordance with articles 384, 63 of the Criminal Code of the Republic of Kazakhstan, 74 of the Criminal Code of the Republic of Kazakhstan,
MY REQUEST FROM THE COURT:
"I'm sorry," he said.;
The serving of the assigned criminal sentence is postponed for five years.
Defendant with good intentions: ___________/ Shaa "___"_______2022 year
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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