Complaint against the decision of the investigating judge
To the Almaty City Court
from lawyer Sabit Davletovich Nigmetov
IIN 820125350700
79 Abylai Khan Ave., Almaty
office 313
phone: 87009785755, no.
in the interests of S.L.K.
complaint against the decision of the investigating judge dated 08/18/2023
On August 18, 2023, the investigating judge of the Specialized Interdistrict Investigative Court of Almaty, E.K. Karibayev, dismissed the complaint filed in accordance with Article 106 of the Criminal Procedure Code of the Republic of Kazakhstan.
I believe that this ruling was made unlawfully on the following grounds.
Earlier, on 04/22/2023, S.L.K. filed an application to the Department of Economic Investigations in Almaty for bringing to criminal responsibility persons named "Alan" and "Serikzhan Duissenbayev", who by their actions caused her property damage by stealing her funds from the Chia Tai Tianging platform. This application was registered with the DER in Almaty for ZHT-2023-00709281. According to the response of the Deputy head of the ERD in Almaty Mukhamadiev A.K. dated 04/28/2023 №ZHT-2023-00709281, a criminal case was initiated, registered in the ERD for No. 237500121000071 under art. 217 Part 3 of the Criminal Code of the Republic of Kazakhstan.
According to Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan, a victim in a criminal proceeding is a person in respect of whom there is reason to believe that moral, physical or property harm has been caused to him directly by a criminal offense. The person conducting the pre-trial investigation is obliged to immediately recognize the person as a victim in the cases provided for in the first part of this article.
According to the response of the Deputy head of the Department of Economic Investigations in Almaty, A. Mukhamadiev, dated 08/09/2023, No. ZHT-2023-01461938 S.L.K., it is not possible to recognize her as a victim. However, there is no reference to a specific provision of the current legislation of the Republic of Kazakhstan in the response.
I believe that this decision of the pre-trial investigation body is illegal, since the involvement of L.K. in the creation of the pyramid scheme, as well as the leadership of its division, has not been proven.
According to preliminary calculations by S.L.K., unidentified persons by the pre-trial investigation body acting under the guise of the Chia Tai Tianging platform stole S.L.K.'s personal funds in the amount of more than 50,000,000 tenge. At the same time, taking into account the remuneration amounts, at the time of the removal of the "Chia Tai Tianging" platform (application), there was an amount of just over 120,000,000 tenge in the personal account of S.L.K. (account).
In substantiating the accepted refusal to satisfy the complaint, the investigating judge refers to the fact that his competence does not include conducting investigative actions.
According to Article 106 of the Criminal Procedure Code of the Republic of Kazakhstan: "1. A person whose rights and freedoms are directly affected by the action (inaction) and decision of the prosecutor, investigative and inquiry bodies, has the right to file a complaint with the court against the refusal to accept an application for a criminal offense, as well as violation of the law at the beginning of a pre-trial investigation, interruption of the investigation period, termination of a criminal case, forced placement in a medical organization for conducting a forensic medical examination, conducting a search and (or) seizure, performing other actions (inaction) and making decisions. When considering a complaint in accordance with this article, the court should not prejudge issues that, in accordance with this Code, may be the subject of judicial review when resolving a criminal case on its merits.
When considering a complaint, the court, without evaluating the evidence available in the case, must find out whether all the circumstances indicated by the applicant in the complaint have been verified and taken into account by the inquirer, investigator, prosecutor."
However, there is no information about the verification of the circumstances that S.L.K. indicated in her statement in the response of the Deputy head of the Department of Economic Investigations in Almaty, A. Mukhamadiev, and in the court's decision.
Based on the above, I ask:
- the decision of the investigating judge of the Specialized Interdistrict Investigative Court of Almaty, E.K. Karibaev, to cancel, to make a new decision on the satisfaction of the complaint.
Application: Notification of protection.
08/19/2023 Nigmetov S.D.
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