Complaint to the Prosecutor's office about the adoption of an act of prosecutorial response and/or acts of prosecutorial supervision in order to eliminate violations of the rule of law
The Prosecutor's Office of Uralsk
Uralsk, Ihsanova street, 42
+7 (7112) 50‒79‒77
from: B.D.D.
IIN .
+7 777 .
Claim
on the action of an investigator FROM the Uralsk Police Department, the West Kazakhstan Region Police Department
The following circumstances served as the basis for contacting you.
A criminal case registered in the URDR No. 232710031001772 is being investigated in the proceedings of the SB UP of the city of Uralsk on the grounds of a criminal offense provided for in art.190, Part 3, paragraph 1 of the Criminal Code of the Republic of Kazakhstan at the request of B.S.G. on 12.01.1961.
During the pre-trial investigation, it was established that the funds belonging to B.S.G. were transferred to the bank account KZ366... JSC "Bank Center Credit" owned by B.D.D.
In this case, in order to comprehensively, fully and objectively review the criminal case, the investigator issued a Resolution to seize the current account No. KZ3685. Bank CenterCredit JSC belongs to B.D.D.
Article 99 of the CPC of the Republic of Kazakhstan provides that participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with requests for procedural actions or making procedural decisions to establish circumstances relevant during the criminal process, to ensure the rights and legitimate interests of the person who filed the petition or the person they represent. The application is subject to review and resolution immediately after its application. In cases where an immediate decision on the application is not possible, it must be resolved no later than three days from the date of the application.
In accordance with paragraphs 14, paragraph 6, Article 78 of the Criminal Code of the Republic of Kazakhstan, a witness entitled to protection has
the right to file petitions concerning his rights and legitimate interests.
In accordance with Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator and 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.
Based on the above and in accordance with Articles 179, 99 of the Criminal Procedure Code of the Republic of Kazakhstan, they asked the Investigator:
To cancel the Decree on the seizure of the same account no. KZ368562.. JSC "Bank CenterCredit" owned by B.D.D. and to remove the imposed encumbrances;
To issue a decree on the imposition of encumbrances on the account of BCC JSC on purpose, to familiarize with all the materials of the investigative actions carried out with the participation of Bolatkhanov D.D.;
However, we received a response from the Investigator stating that in the framework of the criminal case, in order to secure a civil claim, other property penalties or possible confiscation of property, the specialized investigative court of Uralsk authorized the seizure of your bank account of Bank Center Credit JSC.
I do not agree with the Investigator's response, since I have provided all the evidence of innocence in this case, this case is subject to termination in accordance with paragraphs 2, paragraph 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan for the absence of a criminal offense in the act.
In addition, the requested documents were not provided by the investigator.
In accordance with clauses 2, 1, and 179 of Article 179 on violations based on non-fulfillment or improper execution of civil law transactions made in writing and not recognized by the court as invalid, imaginary, or pretended are not subject to registration.
Article 192 of the Criminal Procedure Code of the Russian Federation 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 deadlines by setting a reasonable time limit for the pre-trial investigation.
The criminal case registered in the ERDR No. 232710031001772 on the grounds of a criminal offense under art. 190, Part 3, paragraph 1 of the Criminal Code of the Republic of Kazakhstan, at the request of B.S.G., has been under investigation for more than 4 months and to this day no procedural decisions have been taken by the investigator.
By virtue of Article 105 of the CPC of the Republic of Kazakhstan, complaints filed by persons defending their or represented rights and interests against the actions (inaction) and decisions of persons conducting a pre-trial investigation are submitted to the head of the investigative department, the head of the body of inquiry, the prosecutor or the court.
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. We are extremely outraged by the irresponsible actions of incompetent police officers, which discredit the good name of the Police.
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. By virtue of Article 5 of the Law, the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) over legality.
On the grounds of the above and in accordance with Articles 105, 193 of the Criminal Procedure Code of the Republic of Kazakhstan,
ask you:
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.
Yours sincerely,, _________/ B.D.D.
"____"___________2024 G.
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