Appeal to the Appellate Judicial Board for criminal cases

The Appellate Judicial Board for criminal cases of Almaty

Almaty, 050000 Kazybek Bi str., 66.

0201@sud.kz

Convicted: D Kosaevna Radan

IIN ....

Defender: Sarzhanov Galymzhan Turlybekovich

Legal office" law and law"

Bin 201240021767

050002, Almaty, Almaly district, abylai Khana Ave., 79/71, office 304.

info@zakonpravo.kz

www.zakonpravo.kz

Tel.: +7 708 578 57 58 / 8 727 971 78 58.

Appeal

The verdict of the Auezovsky District Court of Almaty dated February 10, 2025

Dear appellate jury!!! I cannot fully agree with the verdict of the auezovsky District Court in Paragraphs 1), 4) of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan.

Article 388 of the Criminal Code of the Republic of Kazakhstan. It is said that the court's verdict must be legal and justified.  If the verdict is made in compliance with all the requirements of the law and on the basis of the law, it is recognized as legal – we do not complain about the legality of the court verdict.

However, as stated in Part 3 of this article, it is stated that if the sentence is made on the basis of a comprehensive and objective study of the evidence presented to the court at the hearing, it is recognized as justified-but the verdict issued by the court was an abuse of trust on the part of me and my defenders, without evaluating it without a comprehensive and objective study of the evidence presented to the court at the hearing,

So, February 10, 2025 in the Auezovsky District Court of Almaty, with the participation of the arbitrator: judge Ashkeeva R. N., saduakasova A. N. to the secretariat, public prosecutors - prosecutors of the Department of the auezovsky District Prosecutor's office and victims, the defendant D. K. Ra, my lawyer - lawyer G. T. Sarzhanov, using audio and video recording tools, in an open main trial, in a general manner:

D Kosaevna Ra, considering the electronic criminal case submitted to the court by paragraphs 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code of the Republic of Kazakhstan), guided by articles 387-390, 393, 395-398, 401-402, the court sentenced:

To recognize D. Kosaevna Rany guilty by paragraphs 1.4 of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan, to sentence him to imprisonment for a period of 4 (four) years under this article.

Appoint serving sentences in moderately safe institutions of the Penal correction system.

The preventive measure of convicted D. K. Ra "detention under guard" should remain unchanged until the sentence enters into legal force.

In accordance with paragraph 2 of Part 3 of Article 62 of the criminal code, one day of detention of D. K. Ra from September 28, 2024 until the entry into force of the sentence shall be counted for the term of punishment with one and a half days of serving the sentence in moderately safe institutions of the Penal correction system.

The term of serving the sentence should be calculated from the date of entry into force of the sentence.

The victims Satybaldieva A. S., Yusanova Sh.A. recognize the rights to satisfy a civil claim and apply to a civil court on it.

Victim-fee plaintiffs:

1. Nurdaulet Zhaksylykovich O.. 5,600,000 tenge in profit,

2. Nursultan Dauletovich T.. 2 500 000 tenge,

3. Alexander Amirbekovich M.. 2 000 000 tenge,

4. Moldir Torebekovna S... 2 000 000 tenge,

5. Tomiris B. Edigeevna.. 2 500 000 tenge,

6. Sabina Aidynovna S... 1,740,000 tenge,

7. Yerke Yerkebulanovna B.. 2 000 000 tenge,

8. Yerzhan Khanapiyevich A.. 2 500 000 tenge,

9. Muzaffar Abdulkuddosovich K.. 2 000 000 tenge,

10. El'er Gairatovich I... 2 480 000 tenge,

11. Madibek Askhatovich Sh.. 2 500 000 tenge,

12. Dinara Mukhamediyarovna A.. 2 000 000 tenge,

13.T. Nurgul Berikovna. 2 000 000 tenge,

14. Gulsalan Anasbaykyzy Zh.. 3 068 000 tenge,

15. Aruzhan Khairullakyzy A.. 2 000 000 tenge,

16. Anelya Edilovna S.. 2 000 000 tenge,

17. Akhmet Saya Sabitovna 2 500 000 tenge,

18. Dana Konysbekovna R.. 3 535 000 tenge,

19. Zhansaya Azatovna O.. 2 500 000 tenge,

20. Saya Kalievna E.. 3 200 000 tenge,

21. Balzhan Nurlanovna U.. 3 000 000 tenge,

Full satisfaction of claims for a total amount of 53,623,000 tenge.

duty in favor of the state in the amount of 536,230 tenge,

collect a forced payment of 73,840 tenge to the Victims ' Compensation Fund.

I, without challenging the qualification of the criminal offense against me, believe that the court imposed too harsh a punishment against me, as well as incorrect resolution of civil claims.

During the judicial investigation, the court reliably established the presence of other persons involved in this crime, which is confirmed by a private Court decision. In this regard, I believe that I alone should not be held financially responsible for the actions of other people who used me as an instrument of crime and attracted me to the criminal sphere.

         In the motivational part of its verdict, the court comes to the conclusion below:

"In the judicial investigation, it turned out that the defendant did not fulfill any obligations in this direction, although he knew that he would not want to transfer students from a paid section to a free section and resent, but with the help of persons from the investigation, he entered the trust of the victims and transferred them to a resent, free section.

In such a situation, it was found that the defendant, as soon as he received the money from the victims, had no intention of returning it, but only misled them by deceiving the money from the victims, using the abuse of trust.

At the same time, the arguments of the defendant, who showed that he did not intend to deceive the victims, are considered unfounded by the court, because the defendant did not have the opportunity to enroll the students directly in a free Department or residency, returned the money given by the victims to the students who did not receive from other persons who were excluded from the case,

The criminal actions of the defendant D. K. Ra are correctly ranked by paragraph 1,4 of Part 3 of Article 190 of the criminal code, since he committed a fraudulent crime by preliminary collusion of a group of people, repeatedly, in large quantities, embezzling, deceiving and abusing their beliefs, acquiring the right to other people's property.»

         I cannot agree with the arguments of the said court, as I believe that the court did not take into account the following circumstances:

 As for the event, time, place of the criminal offense, its method, cause, consequences, damage, in 2022 I met a guy named Nursultan, for his part, Nursultan with his brother D Ubaydilla Makhambetovich, who works as vice-rector at Kaznmu Tel. +7 701 531 12 68 I was introduced to him, and when I met him, he told me that I had a chance to get a student.

Since then, I started collecting students through U. M. D. for admission to the specialty of residency at Kaznmu, and in addition to the amount provided by U. M. D., I received a small percentage.

After I myself had the desire to enter the specialty of residency at Kaznmu, I began to tell my fellow students.

Then in 2022 - 9 out of 7 students:

1. Makshan Nurbolat-studying at the Faculty of Otolaryngology of Kaznmu;

2. Nurzhamal Abaykyzy-obstetrician-gynecologist of Kaznmu, studying at the Faculty of Gynecology;

3. studying at the Faculty of Aphthalmalology of Akmaral – Kaznmu;

4. studying at the Faculty of Gastroenterology of Ulzhalgas – Kaznmu;

5.A..A. B.-studying at the Faculty of Radiology of Kaznmu;

6.Gulnaz-studying at the Faculty of Radiology of Kaznmu, Tel.: +7 707 690 97 74;

7.Zhuman Aidana - studying at the Faculty of Otolaryngology of Kaznmu, Tel.: +7 702 643 2821;

8.m.. Adilet-studying at Kaznmu;

9. Yerbol-is studying at the Faculty of Ophthalmology of Kaznmu.

the state grant was awarded to U. M. D.. I do not remember the names of 2 students who did not enter (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone), U. M. D. returned the money in installments. After that, I entered the trust of U. M. D.

In 2023, I, U. M. D.. during the interview, he told me that he could shoot 20-30 students, and demanded that I give them money in cash.

"I'm sorry," I said.:

1. Asylkhan - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

2. Nazgul - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

3. Sardor - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

4. Olimjon - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

5. Bekzat - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

6. Yerzhan - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

7. Zhanbolat - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

8. Madina - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

9. Sabina - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone)

and I collected lists of other students (full name or phone number, WhatsApp correspondence, and money information on my smartphone) and took them to the University. The students asked me all the time about how you can shoot, but I was convinced that you can shoot everything.

In 2023, I, U. M. D.. during the interview, he told me that he could shoot 20-30 students, and demanded that I give them money in cash.

"I'm sorry," I said.:

1. Asylkhan - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

2. Nazgul - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

3. Sardor - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

4. Olimjon - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

5. Bekzat - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

6. Yerzhan - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

7. Zhanbolat - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

8. Madina - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

9. Sabina - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone)

and I collected lists of other students (full name or phone number, WhatsApp correspondence, and money information on my smartphone) and took them to the University. The students asked me all the time about how you can shoot, but I was convinced that you can shoot everything.

Cash received from students was received from me or through Ashilov Kasymkhan in various places: 3-4 times in a cafe opposite the Grand Park trading house, in the Gostinitsa "Kazakhstan", "Moscow" trading house, and in Aksay-5, 25, 6 apartments, in a cafe on Zhandosov Street, etc.

After less than half of the students were unable to enroll, their money was returned in installments to U. M.D.

After the return time was stretched, the students argued that they would make a noise and enter the U. M. D. with a voice recorder, I defended U. M. D., borrowing the students ' money as much as possible. Subsequently, U. M. D. instructed me to close the debt at the expense of other new students, and since then I began to do the same.

Students who could not enroll in the above-mentioned resindentura began to enroll when an additional grant was allocated.

However, over time, the students who filmed U. M. D. began to demand a refund, saying, "we went down ourselves, U. M. D did not help."

During the preliminary investigation, U. M. D. gave a completely different and false answer to the investigation in order to cover up his crime, in which he said that he met me only 2 times by chance and did not receive any money, but if we check the information on calls between me and U. M. D., or between my husband in a civil marriage, Akhilov Kasymkhan, it will be possible to identify at least 500 incoming and outgoing calls (Volume 13, page 79-83).

U. M. D. said that in November 2024, additional grants will be allocated and students will be able to apply for these grants if they wait. But the students did not agree to him and began to write a statement to the police asking for money.

On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, we can bring it to the attention of the court.

In 2023, after the difficult admission of students to the residency of Kaznmu, my acquaintance named Nargiza (who worked in Oblzdrav in Almaty region (now located in Kunayev) told me, K Aruzhan Sakenovna Tel: +7 778 683 57 36 he assured that he had acquaintances in Oblzdrav in Almaty region (now located in Kunayev) and in the admissions committee of the Kazakh-Russian Medical University (hereinafter - KRSU) and among the teachers who issue tickets.

Kaznmu-en sent the fallen students to the KR:

1. Akimbaeva a - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

2. Gulnaz - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

3. Zhansaya - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

4. Nurbol - (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

"I don't know," I said.

2 students who fell from the Faculty of Ophthalmology of kaznmu:

1. Olimjon-KRSU is studying in the 2nd year at the Faculty of short stories (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

2. Bekzod is studying in the 2nd year at the Faculty of Otolaryngology of Kaznmu (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

A. S. krsu received 2,500,000 tenge for admission to the grant for the specialty "Ambulance".  

In 2023, A. S. krsu received 3 students for the specialty of Radiology

1. money given by Karlygash in the amount of 2,000,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

2. The amount of money issued by the alarm is KZT 2,000,000 (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

3. money issued by Justice in the amount of KZT 2,000,000 (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone)

"I'm sorry," he said.

However, A. S. K:

Nazgul-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

Yerzhan - I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone)

he wanted to get rid of the extra grant, but he didn't give the money.

After not returning the funds of the students named A. S. K., Nazgul and Yerzhan, I returned the funds to them by transferring them from the funds of other students out of my own pocket.

A. S. K. assured that he could shoot students in 2024, but he could not shoot students.

A. S. K. assured the students that a place would be allocated.

In 2023-2024, A. S. K. received funds through the applications of the Caspian, National Banks and in cash.

During the investigation, K. Aruzhan replied that in 2024 he had not met with Ashilov Kasymkhan and me at all, and falsely responded to the investigation, lying that I had given D. Ra 8,400,000 tenge in cash (volume 13, pp. 90-111).  

I gave K Aruzhan 3,200,000 tenge in 2023 and 8,400,000 tenge in 2024, including 11,600,000 tenge in 2 years.

In addition, A. S. K.'s answer during the preliminary investigation is absurd, because he wrote that he met me only once and transferred funds to buy perfume from him. In fact, I have not bought a single perfume water from A. S. K.  A. S. K. falsely responded to the investigation in order to cover up his criminal activities.

On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, we can bring it to the attention of the court.

In 2023, I met a girl named a Nazgul Asylkhanovna (volume 13, page 146), who, for her part, said that she wanted to become a graduate of Kaznmu, and then asked me if it would be a discount if she brought other students to kaznmu, and wanted to get her share for the students who brought her.  

I brought the request of N. A. A. to U. M. D., and he did not object, so I began to work with N. A. A..

The basis of N. A. A. was enrolled in U. M. D., but N. A. was unable to enroll due to his negligence without writing a timely statement.

However, N. A. began to collect students further.:

1. Zhumash-3,000,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

2. Jamilya-2,000,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

3. Sultan-2,000,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone)

and I don't remember the money that other students had and gave (full name or phone number, WhatsApp correspondence and money information are available on my smartphone);

About 20,000,000 tenge was collected from these students, and they were transferred to the U. M. DKA in cash.

         Since U. M. D was unable to enroll the above students and U. M. D did not return the money, I agreed with him to return the funds to students who were unable to enroll at the expense of subsequent incoming students.  

On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.

In 2024, I, N. Dauletkhan (13 volumes, pp. 112-146 of the case), met a citizen, we were introduced by a girl named A. Nazgul Asylkhanovna, a witness in the case. N. D. assured that he would be able to receive a grant for a residency, 1st year, and receive points on a comprehensive test.

So, I handed over the funds of the following students to D. N.:

A. S. K. received funds in 2023-2024 through the applications of Kaspi, Halyk banks and in cash.

During the investigation, K Aruzhan replied that in 2024 he did not meet with me and Akhilov Kasymkhan at all, and lied that I gave D. Ra 8,400,000 tenge in cash, and gave a false answer to the investigation (volume 13, page 90-111).  

I gave K Aruzhan 3,200,000 tenge in 2023 and 8,400,000 tenge in 2024, including 11,600,000 tenge in 2 years.

In addition, A. S. K.'s answer during the preliminary investigation is absurd, because he wrote that he met me only once and transferred funds to buy perfume from him. In fact, I have not bought a single perfume water from A. S. K.  A. S. K. falsely responded to the investigation in order to cover up his criminal activities.

On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, we can bring it to the attention of the court.

In 2023, I met a girl named a Nazgul Asylkhanovna (volume 13, page 146), who, for her part, said that she wanted to become a graduate of Kaznmu, and then asked me if it would be a discount if she brought other students to kaznmu, and wanted to get her share for the students who brought her.  

I brought the request of N. A. A. to U. M. D., and he did not object, so I began to work with N. A. A..

The basis of N. A. A. was enrolled in U. M. D., but N. A. was unable to enroll due to his negligence without writing a timely statement.

However, N. A. began to collect students further.:

1. Zhumash-3,000,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

2. Jamilya-2,000,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

3. Sultan-2,000,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone)

and I also don't remember the money that the students had and gave away (full name or phone number, Whatsapp correspondence and information about funds are on my smartphone);

About 20,000,000 tenge was collected from these students, and they were transferred to the U. M. DKA in cash.

         Since U. M. D. was unable to unload the above students and U. M. D. did not refund the money, I refunded the funds to the students who could not enroll at the expense of the students who agreed with him.  

On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, I can bring it to the attention of the court.

In 2024, I, N. Dauletkhan (13 volumes, pp. 112-146 of the case), met a citizen, we were introduced by a girl named A. Nazgul Asylkhanovna, a witness in the case. N. D. assured that he would be able to receive a grant for a residency, 1st year, and receive points on a comprehensive test.

So, I handed over the funds of the following students to D. N.:

1. Balkia-money for 2,600,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

2. Nurdaulet-money for 2,600,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

3. Aruzhan Arkabayeva-1,200,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

4. Ahmet Saya-1,000,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

5. Raiymbaeva Dana-money for 1,300,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

6.Yersultan Saya - 1,300,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone).  

However, all the words that D. preached turned out to be lies.  The people received money in cash, through the bank, met more often, convinced of lies, sometimes without a phone call, I went to work and Akhilov Kasymkhan and I received information.

D. N. actually only partially returned the students ' money. His response during the preliminary investigation was false and absurd, as to the full refund of the funds. I have evidence for it.

During the trial, the witness told the court that D. N was going to withdraw funds for the admission of students and 100,000 tenge for his work.

Dear court, this answer of the witness D. can be calculated as evidence of my above arguments.

At the same time, we believe that in the actions of the witness D. N. through Article 24 of the Criminal Code of the Republic of Kazakhstan, Article 190 of the Criminal Code, there is a corpus delicti for preparing for a crime and attempting to commit a crime and the possibility of bringing to justice.

D. N:

Balkia-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);

Nurdaulet-I don't remember the money he gave (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone)

and the other students (I forgot their names) took the funds to shoot. There's everything, skrin. During the investigation, he confused the investigation by lying and giving false answers. When billing, detailing is done, everything is visible.

To Dauletkhan, I transferred 8,500,000 tenge through various bank applications, and 6,000,000 tenge in cash. D. N.'s answer during the investigation that he received only 5,500,000 tenge and returned it is false.

On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, we can bring it to the attention of the court.

"I don't know," he said, " but I don't know."

I took only my share from each student, and at the very back I returned only money, no matter what. That's because I got tangled up in money and confused the person within the person.

All the time I accompanied students on the set of KazNMU, KRMU, I constantly turned to Aruzhan, Ubaydilla D, N. Dauletkhan.

Dear court! For my part, I fully recognize the crime committed and apologize to all the victims. Reason: for helping to enroll illegal students. However, it was not in my mind to cheat students, to make money fraudulently.

I went to Kaznmu with the intention of becoming a good doctor. "I don't know," he said. I was not looking for students myself, they often came through the students who had fallen.

Students of ubaydilla D, K Aruzhan, N Dauletkhan:

1. graduated from Ulzhalgas – Kaznmu at the Faculty of Otolaryngology in 2024;

2. Olzhas is studying at the 1st Year of the Faculty of Neurosurgery of Kaznmu (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

3. Karlygash is studying in the 1st year at the Faculty of Cardiac Surgery of KRSU (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

4. alarm-1st Year of study at the Faculty of Ophthalmology of KRSU (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);

5. she is studying at the Faculty of radiology of Justice - KRSU in the 1st year (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone)

and there are others, I don't remember now. On this point, I have all the necessary information on WhatsApp correspondence and money on my smartphone. If necessary, we can bring it to the attention of the court.

1 scene

Funds provided by the victim S. Assel

17.11.2023-500,000 tenge

26.11.2023-750,000 tenge

27.11.2023-750,000 tenge

               =2 000 000 tenge

On the pages of the case volume 12-13

The funds provided by the victim were sent / transferred to the following Citizens:

Ubaydilla d

View 2

The victim O. N., the funds provided

05.02.2024-100,000 tenge

05.02.2024-1,900,000 tenge public 5,200,000 tenge

01.02.2024-700,000 tenge

01.02.2024-800,000 tenge

31.01.2024-1,000,000 tenge

05.02.2024-500,000 tenge

23.09.2024-100,000 tenge

23.09.2024-100,000 tenge

On the pages of the case volume 12-13

The funds provided by the victim were sent / transferred to the following Citizens:

Solved 332 000 KZT

Jamila-400 000 tenge

snyati – 350 000 tenge

1 820 000 KZT

the rest of the money is left for the summer

5 200 000 – 1 082 000 = 4 118 000 TG

1 300 000 tenge-Dauletkhan N

1 300 000 tenge-Dauletkhan N

1 000 000 tenge-Nazgul

500 000 tenge

On the pages of the case volume 12-13

View 3

Funds provided by the victim N. Taldybay

15.03.2024-1,000,000 tenge.  

01.09.2024-500,000 tenge

01.09.2024-500,000 tenge

18.09.2024-200,000 tenge

19.09.2024-300,000 tenge

total 2 500 000 KZT

The funds provided by the victim were sent / transferred to the following Citizens:

Ubaydilla D

15.03.2024 money 450 000 KZT

18.03.2024 – 1 000 000 TG Inara M. perevod

Nazgul-500 000 tenge

Bekzod-500 000 tenge

= 2,450,000 tenge

On the pages of the case volume 12-13

4 appearance

"I don't know," he said.

17.04.2024

18.04.2024

2 000 000 tenge

The funds provided by the victim were sent / transferred to the following Citizens:

Madina S.: 300 000 tenge

Dauren A.: 200 000 tenge

200 000 tenge

200 000 tenge

On the pages of the case volume 12-13

5 appearance

Funds provided by the victim S. Moldir

2 000 000 tenge

According to the opinion of the court in the motivational part of the verdict: "also in the course of the study of the case documents, D. K. From September 1, 2023 to January 5, 2024 to the current account of H. Gasanova 45,597,000 tenge, from September 28 to November 19, 2023 to the current account of M. Ibadullayeva 1,980,000 tenge, from August 13 to September 23, 2024 to the current account of A. Aukenova 18,445,000 Tenge DK.the transfer was made from the current account of RA "Caspian gold", which is determined by extracts from D. K. Ra "Caspian gold" for the period from September 1, 2023 to October 11, 2024. (Pack 12, Case page 24-163).

Also, from October 29, 2023 to September 24, 2024, D. K. Ra issued a total of 47,686,000 tenge to Lotto Club lottery clubs, which is fully determined by the documents issued by Lotto Club. (Paragraph 14, pp. 31-48)" - we believe that the court's argument is unfounded.

In these 24 scenes, I returned all the funds on the bank bills contained in the criminal case materials to the students who did not receive them on the instructions of D. The Defense and my position is clearly calculated from the month.

In the case I highlighted, in connection with the disclosure of their criminal actions against the following Citizens recognized as witnesses in the case: Ubaydilla DKA, K Aruzhan, N Dauletkhan, 16.01.2025 a petition was sent to the court and the prosecutor's Office on the conclusion of a procedural agreement on recognition of guilt and cooperation in the criminal case.

In the said petition and in the materials submitted to the court by the defense, the witnesses presented to Ubaydilla DKA, K Aruzhan, N Dauletkhan evidence that determines their involvement in this criminal case.

However, I believe that the court, during the trial, the witnesses stated that the actions of Ubaydilla D, K Aruzhan, N Dauletkhan contain the content of the crime, and the argument that I was embezzled all the funds by issuing a private decision, is unfounded.

As for the civil claims of victims in the case, in accordance with Part 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, "a person whose right has been violated may demand full compensation for the damage caused to him, unless otherwise provided by legislative acts or the contract.

Article 166 of the Criminal Procedure Code of the Republic of Kazakhstan considers civil claims of individuals and legal entities in criminal proceedings for compensation for property and moral damage caused by a direct criminal offense, socially dangerous actions of a person, as well as for compensation for expenses incurred in connection with the investigation, preliminary investigation and participation in the court, in addition to the costs of representation.

In Article 167 of the Criminal Procedure Code of the Republic of Kazakhstan, a civil claim may be filed by a person or his representative who caused direct property or moral damage by a criminal offense, a criminally punishable act from the beginning of the pre-trial investigation until the end of the judicial investigation.

The person who filed a civil claim is called a civil plaintiff, and the person to whom the claim is filed is called a civil defendant. These persons exercise procedural rights in the course of proceedings in a criminal case and bear procedural obligations established by this code for a civil plaintiff and, accordingly, a civil defendant.

A civil claim is filed in writing or in the form of an electronic document in accordance with the requirements for claims considered in the order of civil proceedings.

Thus, the true perpetrators of this crime are fleeing from responsibility. We believe that this criminal case is subject to return to the prosecutor in connection with its incompleteness and the presence of significant violations of the requirements of the Criminal Procedure Code of the Republic of Kazakhstan, which prevented a fully objective consideration of the criminal case.

As for the civil claims filed with the victims, the court also reliably established that the victims transferred their funds to the bank accounts of other persons or gave them cash. The main beneficiaries of criminal acts escaped responsibility.

Thus, civil claims should have been left unattended, since the indictment also clearly states other persons, who, in our opinion, should also be civil defendants.

In this regard, the court did not take into account why Prosecutor D. Ra was accused of conspiracy by a group of people in advance.  Why he should take material responsibility for the actions of other people, it is not clear to us. Thus, we consider it necessary to leave civil claims unattended.

In addition, we believe that during the trial, the court violated the procedure for considering civil claims. I was not provided with copies of the claims of the victim - civil plaintiffs. I was not explained the rights of the civil defendant. Thus, the court practically did not consider the claims of the victims, the position on the property requirements for me was not clarified.

There are no resolutions on the recognition of victims as civil plaintiffs in the case files. Claims do not meet the requirements of the Civil Procedure Code of the Republic of Kazakhstan.

Part 5 of Article 167 of the Criminal Procedure Code requires that "a civil claim is filed in writing or in the form of an electronic document in accordance with the requirements for claims considered in the order of civil proceedings."

In accordance with article 167 of the Criminal Procedure Code of the Republic of Kazakhstan, only one victim in this criminal case submits a written civil claim: S.. Assel Safuanovna gave 2,000,000 tenge and the preliminary investigation recognized oraga as a civil plaintiff by his decision (Volume 1 in cases 142-143).

Article 83 of the Criminal Code of the Republic of Kazakhstan: the secretary of the court session states that the secretary of the court session is a civil servant who keeps the minutes of the court session, as well as provides audio and video recording of the court session, not interested in a criminal case.

However, during the court session, the court Secretary A. N. S.. at the end of each court session, abusing his position without doing the work he was obliged to do, we warned the secretary, asking the victims to quickly write civil claims to the court, but the Secretary ignored our warning, and then approached each victim personally and demanded to write civil claims to those who did not appear at the court session, and then sent a sample civil claim to the chat of victims through the investigator M. Yermek, who conducted an investigation during the preliminary investigation.  

Article 23 of the Criminal Procedure Code of the Republic of Kazakhstan: criminal proceedings are carried out on the basis of the principle of competitiveness and equality of the prosecution and defense parties.

 The task of proving the guilt of a person in committing a criminal offense and refuting his arguments defending himself is assigned to the criminal prosecution authorities, and in court proceedings – to public and private prosecutors.

 The court is not a criminal prosecution body, does not act on the side of the prosecution or defense Party and does not represent any interests other than the interests of law.

In accordance with Article 19 of the Criminal Code of the Republic of Kazakhstan, "unresolved doubts about the guilt of the suspect, accused, defendant are interpreted in their favor. Doubts arising in the application of criminal and criminal procedure laws must also be resolved in favor of the suspect, accused, defendant.

The conviction cannot be based on assumptions, and it must be supported by a sufficient set of admissible and clear evidence."

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 of the crime committed and the degree of danger to society, the identity of the guilty person, including the circumstances mitigating and aggravating liability and punishment.

In fact, the court had the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a sentence, and I hoped that the court would impose a suspended sentence. Or, in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan, I asked to impose a sentence of restriction of freedom.

Paragraph 1) of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan-in a large amount; paragraph 4) - in the sanction of punishment for repeated fraud, it is stated that the defendant "is punished with confiscation of property, restriction of freedom for a period of three to seven years or imprisonment for the same period, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to six years".

We believe that it would be fair to apply a restrictive sentence of up to seven years in prison or a sentence of 3 years in low-security institutions of the Penal correction system, as indicated in the sanction of this article.

It is stated that the courts should be strictly guided by the provisions of articles 46 of the Criminal Code of the Republic of Kazakhstan, which determines the procedure for assigning the type of institution of the Penal correction system in which persons sentenced to imprisonment serve their sentences, and the normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 23, 2006 N 7.

It is reported that for the commission of a deliberate crime, persons (men and women) who have been convicted for the first time with the appointment of a sentence of imprisonment are sent to serve a sentence in low-security institutions of the Penal correction system.

The correct determination by the court of the type of institution of the penitentiary system is important for achieving the goal of punishment and should be assigned taking into account the severity of the crime committed, the identity of the offender, his age and gender.

Paragraph 5) of Article 433 of the Criminal Procedure Code states that "non-compliance of the punishment with the severity of the criminal offense and the personality of the convicted person is the basis for canceling the verdict of the court of first instance or changing it.

Part 5 of Article 438 of the Criminal Procedure Code states that "a punishment imposed without taking into account the general origins of the imposition of a penalty and which, although not exceeding the limits provided for by the sanction of the relevant article of the Criminal Code of the Republic of Kazakhstan, but which is unfair due to excessive ease or excessive severity in its type and size, is recognized as incompatible with the severity of the criminal offense and the personality of the convicted person". Therefore, I believe that I have been given a very severe punishment.

Based on the above and in accordance with articles 433, 438 of the Criminal Code of the Republic of Kazakhstan,

OUR REQUESTS FROM THE COURT:

* When changing the verdict of the Auezovsky District Court of Almaty dated February 10, 2025 in relation to D Kosaevna Ra, imposing a restrictive sentence of up to seven years in prison or imposing a sentence of 3 years in prison, serving a sentence in low-security institutions of the Penal correction system;

* Neglect of the claims of the victim-civil plaintiffs.

Best regards, D K Ra

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. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases