A complaint about leaving an Application for a criminal offense without consideration and writing it off to the nomenclature proceedings

 

 

Specialized Investigative Court of Almaty city

the city of Almaty, mkr. Orbita 2, house 20A/2.

8 727 333 1460, 8 727 333 14 64.

from: K.N.Zh.

IIN: .......

Almaty, Bostandyk district,

336 R. Street, block 138.

+7 701 .

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+7 708 578 57 58; + 7 727 971 78 58.

 

Claim

on leaving the Application for a criminal offense without consideration and writing it off to the nomenclature proceedings

 

In accordance with Articles 179, 180, 181 of the Criminal Procedure Code of the Republic of Kazakhstan, we applied for a criminal offense in the form of an electronic document to the Police Department of the Bostandyk district of the Almaty City Police Department.

Which was registered in the Unified Register of Pre-Trial Investigations for No. 247514030017328 and requested to initiate pre-trial investigations and conduct investigative actions on the following circumstances.

Thank you. N.Zh., in connection with the need for a rental apartment, I found a realtor named Shalkar (N.S.Balkashuly IIN.) tel. +7 702 .. where he rented apartments in the 4YOU residential complex located at 310 R. Street, Bostandyk district, Almaty.

After k.N.Zh., I called up with Shalkar and asked to find an apartment from this residential complex, however, Shalkar was offered apartment 138. next to the residential complex "Amir" located at 336 R. Street, Bostandyk district, Almaty, with a condition of 300,000 tenge. deposit and monthly payments of 550,000 tenge, to which Kusayyn N.Zh., agreed.

Thus, on January 17, 2024, to the above apartment for the purpose of booking an apartment by phone. +7 771 337 2040 which Shalkar dictated that this room belongs to Eldar, the owner of the apartment credited funds in the amount of 100,000 tenge to Eldar S. This is evidenced by receipt No. 18259108633 dated January 17, 2024.

Subsequently, on January 21, 2024, Shalkar, K.N.Zh., asked for the rest of the deposit amount, and K.N.Zh., transferred 200,000 tenge to the dictated phone number. +7 771 . - Eldar S. this is evidenced by receipt No. 18307329750 dated 01/21/2024.

          On January 25 of this year, Shalkar informed K.N.Zh. that it was possible to move to 138 sq., 336 R. St. and on the same day, Kusayyn N.Zh., moved. On the same day, Shalkar transferred funds for the rent of the specified apartment in the amount of 550,000 tenge for the month of February rent to the dictated phone number. +7 771 . - Eldar S. this is evidenced by receipt No. 18366809185 dated 01/25/2024.

          On February 12, 2024, at about 2 p.m., Shalkar came to my house and suggested to me that an offer was received from the owner of the apartment, Eldar, that if K.N.Zh., would pay 450,000 tenge for the two months of March and April for a total of 900,000 tenge, then and in the future the monthly rent would be at 450,000 tenge.

          Considering that this was a good offer, they signed a lease agreement dated March 01, 2024 between K.N.Zh., and allegedly with the landlord of the apartment, Eldar S. IIN.. After signing the contract on February 12, 2024, he transferred funds in the amount of 900,000 tenge to the dictated phone number. +7 771 . - Eldar S. this is evidenced by receipt No. 18619159091 dated 12.02.2024.

          On February 28, 2024, K.N.Zh., Shalkar called and asked to borrow money in the amount of 100,000 tenge, allegedly his brother had problems with law enforcement agencies and urgently needed money. On the same day, at about 02:35 hours, to the dictated phone number +7 778 .  - Sovetkhan N. transferred an amount of 100,000 tenge to Shalkar, as evidenced by receipt No. 18846991295 dated 02/28/2024.

Subsequently, unsuspectingly, Kusayin N.Zh., lived in this apartment hoping that the rent was paid two months in advance in advance.

          On March 10, 2024, the son of the apartment owners, Ilyas tel., came to the apartment where K. N.Zh. lives. +7 702 ., copyright holders of the apartment B.S.Yesenzhanovich, D.K. Kuttymuratovna.

Iliyas confirmed that his parents are the rightholder of this apartment and provided the title documents, where it was found out that they had not received any guarantee payments, payments for the apartment and an advance payment for two months, and they did not know about the concluded contracts and did not sign.

          On the same day, K.N.Zh., talked with Shalkar and explained the situation. Then he admitted his guilt and pledged to come and resolve all issues with payment, but without resolving it, he disappeared.

          Thus, N.S.Balkashuly and his accomplice E.S., using their position by deception and abuse of trust, caused significant material damage in the amount of 1,850,000 tenge.

By their actions, N.S.Balkashuly and his accomplice El Serikuly violated art. 190 Fraud, that is, theft of someone else's property or acquisition of the right to someone else's property by deception or abuse of trust, of the Criminal Code of the Republic of Kazakhstan.

According to the Criminal Procedure Code of the Republic of Kazakhstan, Part 1 of Article 179. The beginning of a pre-trial investigation, the beginning of a pre-trial investigation is the registration of an application, a report of a criminal offense in the Unified Register of Pre-Trial Investigations, or the first urgent investigative action. The prosecutor is notified of the start of the pre-trial investigation within 24 hours.

In accordance with the Criminal Procedure Code of the Republic of Kazakhstan, paragraph 1 of Part 1 of Article 180. The reasons for the start of a pre-trial investigation, the reasons for the start of a pre-trial investigation are sufficient data indicating signs of a criminal offense, in the absence of circumstances precluding the proceedings, namely the statement of an individual.

Also, the Criminal Procedure Code of the Republic of Kazakhstan, Part 1 of Article 181. Statements by an individual about a criminal offense may be oral and written, or in the form of an electronic document.

Thus, due to the negligence of the officials of the pre-trial investigation body, an illegal procedural decision was made.

In accordance with article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, "The court, the prosecutor, the investigator, the inquirer are obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case.

The criminal prosecution authorities identify factual data on the basis of which circumstances relevant to the case are established.

The circumstances of the case are subject to clarification, both incriminating and justifying the suspect, the accused, the defendant, as well as mitigating and aggravating their responsibility and punishment."

In accordance with part 2 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, "The proceedings in the case 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 the composition of a criminal offense is proven, and if their presence is not proven, if all possibilities for collecting additional evidence have been exhausted.".

Based on the above, the pre-trial investigation authorities in the criminal case were inactive, all the evidence was not collected, and therefore the perpetrators unreasonably avoided criminal liability.

I mentioned the above arguments in my complaints to the prosecutor's office about disagreement with the decision to write off the application to the nomenclature file, but I was refused. We also consider the actions of the Prosecutor's Office to be illegal and subject to cancellation.

Thus, the UP of the Bostandyk district, in writing off our application to the nomenclature case, due to the absence of a criminal offense, was illegal and showed inaction in collecting evidence, violated the requirements of articles 24 and 60 of the Criminal Procedure Code of the Republic of Kazakhstan, according to which the investigator is obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case.

Thus, the pre-trial investigation body, having shown inaction in collecting evidence, violated the requirement of part 2 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, according to which "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 corpus delicti is proven, and if their presence is not proven, if all possibilities for collecting additional evidence have been exhausted."

Thus, the Police Department violates the victim's rights to file a civil claim in criminal proceedings and provides compensation for property damage caused by a criminal offense, as well as expenses incurred in connection with his participation in criminal proceedings, including the costs of a representative provided for in part 4 of Article 71 and Article 76 of the Criminal Procedure Code of the Republic of Kazakhstan.

Based on the above, guided by Article 106 of the Criminal Procedure Code of the Republic of Kazakhstan,

ask:

·       To recognize as illegal the action of the Bostandyk district Police Department to leave an Application for a criminal offense without consideration and write it off to the nomenclature proceedings;

·       To declare illegal the action of the Prosecutors of the Bostandyk district on the refusal to satisfy the complaint;

·       To oblige the pre-trial investigation body to initiate a criminal case and to conduct an initial investigative action:

- Interrogation of N.S. Balkashuly;

- Identify and interrogate Eldar Serikuli;

- Conducting a confrontation between K.N.Zh., and N.Sh.B.;

 

With respect,

Proxy Representative Lawyer: ___________/ Sarzhanov G.T.

 

                 

        "___"_______________2024 G.

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