Complaint against the investigator to the Prosecutor's Office about the obligation of the pre-trial investigation authorities to conduct an interrogation and confrontation

Prosecutor's Office of Bostandyk district of Almaty

189 Zheltoksan St., Almaty

from: K.N.Zh.

IIN: .............

Almaty, Bostandyk district,

Rozybakieva St., house ...., sq. 138.

+7 701 ..

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79/71 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 727 971 78 58; +7 708 578 57 58.

Claim

Guided by Part 1 of Article 181 of the Criminal Procedure Code of the Republic of Kazakhstan, on 05/13/2024, K.N.Zh., filed a criminal complaint with the State Department of Police of the Bostandyk district of the Almaty City Police Department, which was registered under the number ZHT-2024-04007719.

To date, a criminal case is being investigated in the proceedings of the SB UP of the Bostandyk district of the DP of Almaty on the application of K.N. Zh., registered in the ERDR for No. 247514031000958 against N.Sh.B. IIN ...., on the grounds of a criminal offense under art. 190 of the Criminal Code of the Republic of Kazakhstan.

The fact is that on December 25, 2023, Kusayin N.Zh., in connection with the need for a rental apartment, found a realtor named Shalkar (N.Sh.B. IIN.) tel. +7 702 706 6248 which provided apartments for rent in the 4YOU residential complex located at 310 Rozybakieva Street, Bostandyk district, Almaty.

After K.N.Zh., I called him, and then he showed K. N.Zh., several apartments from the specified residential complex and in this residential complex K. N.Zh., liked one of the apartments shown and agreed with Shalkar and the owner of the specified apartment from January 05, 2024 K.N.J., was supposed to move in, and on January 03, 2024, he moved into the specified apartment, but after living there for a couple of weeks, K.N.J. decided to move out of this apartment because there was no condition (it was cold, there was no condition for living). On 25 01 of the current year, K.N.Zh., moved out.

Before the eviction in the middle of January, K.N.Zh., called Shalkar again and asked to find another apartment from this residential complex, however, Shalkar, K.N.Zh., offered apartment 138. next to the residential complex "Amir" located at 336 Rozybakieva St., Bostandyk district, Almaty., with the condition of 300,000 tenge deposit and monthly payments of 550,000 tenge, to which K.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 asked for the rest of the deposit amount, and K.N.Zh., transferred 200,000 tenge to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18307329750 dated 01/21/2024.

          On January 25 of this year, Shalkar informed K.N.Zh. that Kusayyn N.Zh., could move to 138 sq., 336 R. St. and on the same day, Kusayyn N.Zh., moved. On the same day, Kusayyn N.J., Shalkar transferred funds for the rent of the specified apartment in the amount of 550,000 tenge for February rent to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18366809185 dated 01/25/2024.

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

          Considering that this was a profitable offer, they signed a lease agreement dated March 01, 2024 between K.N.Zh., and allegedly with the landlord of the apartment, E.Serikuli IIN 980103401308. After signing the contract on February 12, 2024, he transferred funds in the amount of 900,000 tenge to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18619159091 dated 12.02.2024.

          On February 28, 2024, Shalkar called me and asked me 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, on the dictated phone. +7 778 369 9893- Sovetkhan N. K.N.Zh., transferred an amount of 100,000 tenge to Shalkar, as evidenced by receipt No. 18846991295 dated 02/28/2024.

Subsequently, unsuspectingly, K.N.Zh., lived in this apartment hoping that they had paid the rent 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. +7 702 459 3070 , the owners of the apartment are B. S.Yesenzhanovich, D.K. Kuttymuratovna.

Ilyas confirmed that his parents were the rightholder of this apartment and provided the title documents, where it was found out that Ilyas knew Shalkar, but did not know Eldar and that he had not received any guarantee fees, payment for the apartment and prepayment for two months.

          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.Sh.B. and his accomplice Eldar Serikuly, using their position by deception and abusing the trust of Kusayyn N.Zh., caused significant material damage in the amount of 1,850,000 tenge.

By their actions, N.S. Ba. and his accomplice Eldar 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.

On June 13, 2024, K.N.Zh., was interrogated on the merits and recognized as a victim in a criminal case.

I would like to draw your attention to the fact that in accordance with Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan, a pre-trial investigation is mandatory for all statements and reports of criminal offenses, with the exception of cases of private prosecution. If there is information in the received application or message about the signs of an administrative offense or disciplinary misconduct, the appeal is sent by a cover letter to the relevant authorized state body or official within three days.

We are saddened that in our country there is such a practice that officials, law enforcement agencies and judges begin to consider cases objectively only after contacting a higher authority, posting information on social networks and creating a public outcry.

On June 13, 2024, more than two months have passed to this day. N. S.Balkashuli and his accomplice, an unidentified person named Eldar, have not been summoned or interrogated.

Article 192 of the CPC of the Republic of Kazakhstan provides for the term of the pre-trial investigation, which means that the pre-trial investigation must be completed within a reasonable time, taking into account the complexity of the criminal case, the scope of investigative actions and the sufficiency of the investigation of the circumstances of the case, but not more than the statute of limitations of criminal prosecution established by the Criminal Code of the Republic of Kazakhstan.

The pre-trial investigation in cases of inquiry should not exceed one month and two months in cases of preliminary investigation. The prosecutor has the right to review these terms by setting a reasonable time for the pre-trial investigation.

According to 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.

According to Article 1 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the Prosecutor's Office, on behalf of the State, carries out, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. According to Article 5 of the Law, the Prosecutor's Office exercises supreme supervision over legality.

On the grounds of the above and in accordance with Articles 193, 100 of the Criminal Procedure Code of the Republic of Kazakhstan,

I ask you to:

·       In accordance with the procedure established by law, adopt acts of prosecutorial response and/or acts of prosecutorial supervision in order to eliminate violations of the rule of law.;

· To bring responsible police officers to disciplinary responsibility for non-fulfillment or improper performance of their official duties;

·       To oblige the pre-trial investigation authorities to conduct:

- Interrogation of N. S.B. ;

- Identify and interrogate her;

- Conducting a confrontation between me and N. S.B.

The applicant:

_________/ K. N.Zh.

Representative by proxy

lawyer:                        

____________/Sarzhanov Galymzhan Turlybekovich

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