Civil claim for recovery of material and moral damage in a criminal case
Specialized Inter-District Criminal Court
to judge E. Maishinov on the cases of the city of Almaty. to
Almaty, Nauryzbay district, Shugyla microdistrict, 347/1.
+7 708 ....
Civil plaintiff / victim: Sh. Zh. K.
IIN .
Trusted persons: lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
Bin 201240021767
Kenesbek Islam Mukhamedovich
TAX ID 970103300774
050002, Almaty city, Medeu district, prospect
79/71 Abylai Khan, office 304.
e-mail: info@zakonpravo.kz website: www.zakonpravo.kz
tel.: +7 708 971 78 58 / 8 727 971 78 58.
Civil defendant / defendant:
A..J.M.
Born on 05/09/1984
IIN .
Civil action
in case No. 7598-24-00-1 / 57 in criminal proceedings (on recovery of material and moral damage)
Criminal case No. 7598-24-00-1/57 concerning the Full name of M. dated 05/09/1984, transferred under Part 5 of Articles 346, 347 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), is being considered in your proceedings.
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 a contract.
So, as for the damage caused, on December 10, 2023, at about 17:40 hours, the driver was born on 05/09/1984, A. J. M. (hereinafter referred to as the defendant), the state Sign 920SV13 "Gaz-17.03.2009", driving a car of the brand "53", moving along Kulymbekov Street in an easterly direction, not reaching I got to Nurpeisova Street and left the pedestrian lane heading north.
As a result of a traffic accident, a pedestrian with injuries sustained by minor A. K. was taken to the City Clinical Hospital No. 7 in Almaty and died as a result of his injuries.
However, according to the medical examination report No. 7293 dated 12/10/2023, the driver, J.A., was intoxicated by alcohol and cannabinoids."
Also, in accordance with the resolution of the specialized interdistrict administrative Court of Almaty dated September 27, 2020 No. 7528-20-00-3/19346, it was established that J. A. 7-zhylga was deprived of his driver's license. It is obvious that the defendant committed further criminal acts from his original criminal record without drawing the appropriate conclusions for himself and without embarking on the path of correction.
On December 20, 2023, the investigator of the Traffic Accident Department of the Almaty city Police Department, police Major D. K., by his decision, Sh. Zh. K. (Hereinafter referred to as the victim), was recognized as a victim in this case. The victim is the mother of the deceased A. A. K.
Thus, the defendant Zh. A. committed a criminal offense under Part 5 of Articles 346 and 347 of the Criminal Code of the Republic of Kazakhstan, depriving the victim of a 14-year-old child. Obviously, the victim has been through a lot of grief. Having lost a 14-year-old child, the victim experienced intense emotional suffering. And he believes that after the death of the defendant's eldest son, the victim lost his very first and greatest joy in this life. We all know that a child who has suffered as a result of death cannot be reimbursed to the mother with any property, since no one can return the child to the mother. Nevertheless, everyone is equal before the law and the court.
Article 166 of the Criminal Procedure Code of the Republic of Kazakhstan civil claim for compensation to individuals and legal entities for property and moral damage caused directly by a criminal offense, a socially dangerous act of a person in criminal proceedings, as well as for reimbursement of expenses related to participation in the inquiry, preliminary investigation and court, including representation costs - I do not know.
Article 917 of the Civil Code of the Republic of Kazakhstan "General grounds for liability for harm" states that damage caused (property and (or) non-property) by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities must be compensated by the person who caused it in full and is not subject to compensation. that the damage caused by actions is subject to compensation in the cases provided for by this Code and other legislative acts.
According to article 946 of the Civil Code of the Republic of Kazakhstan, persons responsible for the harm caused by the death of the victim are obliged to reimburse the expenses necessary for burial to the person who incurred these expenses.
Part 12 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 9, 1999 No. 9 "On certain issues of application by the courts of the Republic of legislation on compensation for damage caused to health" provides for the following necessary costs directly related to the costs of burial to be reimbursed by the courts (making a coffin, purchasing clothes for the deceased, a wreath, excavation of a cemetery, delivery of the deceased to the place of burial, etc., etc.). The costs of installing the monument and fencing must also be reimbursed, while the actual amount of their development is charged, but it must not exceed the marginal price of standard monuments and fences installed on site. When reimbursing the costs associated with serving food, the costs incurred for the purchase of alcoholic beverages are not reimbursable.
Due to the commission of the above-mentioned criminal offense by the defendant, the victims suffered the following actual material damage, which is necessary for the burial of the deceased child, expenses related to the provision of food, etc. expenses (expenses for the substrate according to his custom):
morgue - 38,000 tenge; funeral services-40,000 tenge;cloth for the deceased 25 m and detergents-70,000 tenge;2 sheep-140,000 tenge; Cafe for 250 people – 6,500 tenge per 1 person) - 1,625,000 tenge; Thursday aces-6 times * 150,000 tenge = 900,000 tenge;40 days cooked in a cafe for 156 people - (7,000 tenge per 1 person) = 1,092,000 tenge; Horse meat 3 tripe-150,000 tenge; To the burial site-120,000 tenge and to work-30,000 tenge;grave fencing-118 000 tenge (check sent additionally); memorial plaque-60,000 tenge (check sent additionally); Mold's fee-80,000 tenge.
Thus, as a result of the actions of the civil defendant, the civil plaintiff suffered material damage totaling 4,463,000 tenge.
In addition, the defendant committed a criminal offense, causing very deep moral harm to the victim, as well as causing significant material harm.
In accordance with article 951 of the Civil Code of the Republic of Kazakhstan, moral harm is a violation, discrimination or loss by individuals of their non-property benefits and rights, including as a result of committing an offense against him caused by the victim, and in the event of his death as a result of such an offense – experienced (tolerated, experienced) by close relatives, spouse (mental suffering or bodily suffering (humiliation, indignation, oppression, anger, embarrassment, disappointment, bodily suffering, harm, being disadvantaged, etc.).
According to article 952 of the Civil Code of the Republic of Kazakhstan, moral damage is compensated in monetary form. When determining the amount of moral damage, both a subjective assessment by the victim or close relatives, the spouse in the event of his death as a result of an offense committed against him, and objective data confirming the degree of mental suffering and characteristic suffering of the victim or his close relatives, spouse in the event of his death: the vital importance of the benefit (life, health, conscience, dignity, freedom, inviolability of the home, etc.), which has become the object of encroachment; the severity of the consequences of the offense (murder of close relatives, bodily injury resulting in disability, imprisonment, deprivation of work or housing, etc.); the nature and scope of dissemination of shaming false information; the victim's living conditions (official, family, domestic, financial, health status, age, etc.), other circumstances worthy of attention. Moral damage is compensated regardless of the property damage to be compensated.
Thus, the amount sufficient to compensate the moral damage to the civil plaintiff / victim as a result of the defendant's actions is 100,000,000 tenge. The amount of the specified compensation is based on the principles of fairness and sufficiency.
According to Article 174 of the CPC of the Republic of Kazakhstan, Article 113 of the CPC of the Republic of Kazakhstan, "reimbursement of expenses for the assistance of a representative," which states that at the request of the party in whose favor the decision was made, the court deducts the costs of paying for the assistance of a representative (several representatives) who participated in the process and was not in an employment relationship with this party, of the other party in the amount of the expenses actually incurred by the parties.
In order to represent the interests of the victim, Sh. Zh. K., under these articles, he applied for legal assistance from the Law and Law Law Firm. The cost of legal aid in accordance with the agreement No.1302/24 dated February 13, 2024 amounted to 500,000 tenge. Representative expenses are subject to reimbursement by the civil defendant.
In article 167 of the Criminal Procedure Code of the Republic of Kazakhstan, a civil claim may be filed by a person whose criminal offense has caused direct property or moral damage, or by his representative from the moment the pre-trial investigation begins until the judicial investigation is completed.
In these cases, the criminal case states that the plaintiff is exempt from paying the state fee upon filing a civil claim and that the jurisdiction of the civil claim is determined by the jurisdiction of the criminal case in which it is filed and is considered together with the criminal case.
Based on the above circumstances,
I ASK FOR A COURT:
Production of material damage caused in favor of Zhenis M. A., Zh. K. Sh., in the amount of 4,463,000 (four million four pairs sixty-three thousand) tenge; Recovery of moral damage caused in favor of M. A. Zh. K. Sh., in the amount of 100,000,000 (one million) tenge; Recover in favor of Zh. M. A. Zh. K. S. expenses in the amount of 500,000 tenge, paid for the assistance of a representative.
With respect,
The victim: ___________/ J. K. Sh.
The civil plaintiff
trusted persons; ___________/ G. T. Sarzhanov ___________/ Kenesbek I. M.
Attention!
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