Petition on the conclusion of a procedural agreement on recognition of guilt and cooperation in a criminal case
Chairman of the Court of Auezovsky District of Almaty
Judge R. N. Ashkeeva
Almaty, Kuanyshbayev STR. 44-a, microdistrict "2".
8 (727) 333-11-99, 8 (727)333-12-03
The Defendant: D. K. R.
IIN ...
Defender: Sarzhanov Galymzhan Turlybekovich
Legal office" law and law"
Bin 201240021767
050002, Almaty, Almaly district,
Abylai Khana Avenue, house 79/71, office 304.
info@zakonpravo.kz
www.zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 971 78 58.
Part 3, paragraph 1.4 of Article 190 of the Criminal Code of the Republic of Kazakhstan,
On criminal case No. 247540031001166,
The petition
on the conclusion of a procedural agreement on the recognition of guilt and cooperation in a criminal case
Dear court!!! In your case, a criminal case No. 7513-24-00-1/694 is being considered in relation to D. K. R. under my protection, filed under Article 190, Part 3, paragraphs 1,4 of the Criminal Code of the Republic of Kazakhstan.
D. K. fully agrees and supports the charge and the indictment of the investigator of December 12, 2024.
At the same time, D. K. does not dispute the suspicions, accusations and available evidence of the commission of a crime in the case, the nature and amount of damage caused by him in accordance with article 613 of the Criminal Code of the Republic of Kazakhstan.
In accordance with subparagraphs 615 and 65, Part 6, 3 and 5 of the Criminal Procedure Code of the Republic of Kazakhstan, the defendant at any stage of the trial voluntarily expresses a desire to declare or consent to the conclusion of a procedural agreement on cooperation in accordance with article 618 of the Criminal Procedure Code, as well as to conclude a procedural agreement using the right of D. K. R.
In accordance with Part 3 of Article 618 of the Criminal Procedure Code, a petition for the conclusion of a procedural agreement on cooperation may be filed from the beginning of the pre-trial investigation and until the stage of execution of the sentence is included.
During the previous investigation, the investigative body did not take D. K.'s smartphone, and teregu's cell phone was not recognized as hot, so he gave the phone to his mother D. K. Rakhimberdieva. To date, in the same smatrfon there is additional evidence to the materials of the criminal case exposing the criminal actions of Kalieva Aruzhan, Ubaydulla Dathaev, Naiman Dauletkhan in this case.
So, as for the event, time, place of commission of a criminal offense, its method, cause, consequences, damage caused, in 2022, DK R..he met a guy named V. Nursultan, for his part, his brother D. U. M. Tel, who works as vice-rector of Kaznmu. +7 701 ... I was introduced to him, and he told me that I had the opportunity to gather and bring students to the U. M. D. convict.
Since that time, the defendant, through U. M. D., began collecting students for admission to the specialty of residency at Kaznmu, in addition to the amount provided by U. M. D., The defendant received a small percentage.
After the defendant also had a desire to enter the specialty of residency at Kaznmu, he told his fellow students that he could enroll through U. M. D.
Then in 2022:
1. Makshan Nurbolat-studying at the Faculty of Otolaryngology of Kaznmu;
2. Nurzhamal A.-obstetrician-gynecologist of Kaznmu, studying at the Faculty of Gynecology;
3. studying at the Faculty of Aphthalmalology of Akmaral – Kaznmu;
4. ulzhalgas-Kaznmu is studying at the Faculty of Gastroenterology;
5. Akimbaeva A. B.-studying at the Faculty of Radiology of Kaznmu;
6. Gulnaz-kaznmu, Faculty of Radiology, 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. Yerol is studying at the Faculty of Ophthalmology of KazNMU.
the names of 2 students who did not enter were not remembered by the defendant (full name or phone number, WhatsApp correspondence and information about funds are available on the defendant's smartphone). After that, the defendant entered the trust of U. M. Dathaev.
In 2023, during a meeting of the defendant, U. M. D., he said that he could drop 20-30 students, and demanded that the defendant give money in cash.
The following students of the defendant:
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 other lists of students (full name or phone number, WhatsApp correspondence, and cash information are available on my smartphone), and they are sent to the University. The students constantly asked the defendant if he could shoot, but U. M. D. assured that he could shoot everything.
The funds received from the students in cash were provided by the defendant in various places, 3-4 times in a cafe opposite the Grand Park Shopping Center, in the Gostinitsa Kazakhstan, Moscow shopping center, and in Aksai 5, 25, 6 apartments, in a cafe on Zhandosov Street, etc.
"I don't know," he said, " but I don't know."
After the return time was delayed, the students argued that they would make noise, and U. M. D. would enter with a voice recorder. The defendant, defending U. M. D., borrowed the students ' money as much as possible, and then U. M. D. instructed the defendant to close the debt at the expense of another novice studunter, and since then the defendant began to do the same.
Students who could not enroll in the above-mentioned resendentura began to enroll when an additional grant was allocated.
However, over time, the students who filmed U. M. D. We ourselves began to demand a refund, saying that U. M. D. did not help.
However, 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 the defendant only 2 times by chance and did not receive any money.
U. M. D. said that in November 2024, an additional grant will be allocated and students will be able to enter the same Garns if they wait. But the students did not agree to him and began to write a statement to the police asking for money.
The defendant's smartphone contains all the necessary information about WhatsApp correspondence and cash. If necessary, we can bring it to the attention of the court.
In 2023, after a difficult admission of students to the residency of Kaznmu, an acquaintance of the defendant named Nargiza (who worked in Oblzdrav in Almaty region (now located in Kunayev) met me, K. Aruzhan Sakenovna Tel: +7. ... he was introduced to a girl who convinced the defendant 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 issued tickets.
Kaznmu-en sent the fallen students to 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);
So A. S. Kaliyeva entered my faith.
2 students who fell from the Faculty of Ophthalmology of kaznmu
1. Olimjon-KRSU is studying in the 2nd year at the Faculty of Skoraya pom neotlozhka (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 Otoralingology of Kaznmu (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
A. S. K... KRSU received 2,500,000 tenge for a grant for the specialty "Ambulance".
In 2023, A. S. K... 3 students in Radiology at KRSU
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);
A. S. K... KRSU received 2,500,000 tenge for a grant for the specialty "Ambulance".
In 2023, A. S. K... 3 students in Radiology at KRSU
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. The money given by the judge, 2,000,000 tenge (full name or phone number, Whatsapp correspondence and information about the funds are on my smartphone).
"I'm sorry," he said.
However, A. S. K... two students:
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 it by saying that he was going to get an additional grant, and that he was not going to get the money.
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 in 2024 he could film the students, however, he could not film the students.
A. S. K. persuaded the students who could not shoot to wait for the allocation of seats.
A. S. K.. In 2023-2024, funds were withdrawn through the applications of Kaspi, Halyk banks and in cash.
During the investigation, kaliyeva Aruzhan replied that in 2024 he did not meet with the defendant and Ashilov Kasymkhan at all, and lied that I gave him 8,400,000 tn in cash, and gave a false answer to the investigation (volume 13, page 90-111).
The Defendant, K... In 2023, Aruzhan received 3,200,000 tenge, in 2024 – 8,400,000 tenge, including 11,600,000 tenge for two years.
As well as A. S. K... the answer he gave during the preliminary investigation is absurd because he wrote that he met the defendant only once and that the defendant transferred funds to buy perfume water from him. In fact, I have not bought a single perfume water from him. A. S. K.. he gave false answers 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, I can bring it to the attention of the court.
In 2023, the defendant met a girl named A. Nazgul A. (volume 13, page 146 of the case), who, for her part, said that she wanted to become a graduate of Kaznmu, and then A. N. A. asked me if it would be a discount if she brought other students to shoot at Kaznmu, and wanted to get her share of funds for the scam.
I brought the request to the defendant, U. M. Dathaev, and he did not object, so I began to work on N. A. A..
N. A. basis U. M. D. enrolled, however, N. A. was unable to enroll due to his negligence without writing a timely statement.
However, N. A. Further began to collect students who:
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);
The headdress was collected from the mentioned female students in the amount of about 20,000,000 tenge and handed over to U. M. D. in cash.
Since U. M. D. failed to unload the above students and U. M. D. did not return the money, the positive defendant agreed with him that he was returning 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, the defendant met a citizen named N. D. (volume 13, page 112-146), with whom the defendant was introduced by a girl named A. Nazgul, a witness in the case. N. D. assured the defendant that he could apply for a grant for residency, 1st Year, score on a comprehensive test.
So, D N. A. Bas Aya was given the funds of the following students:
1. Balkia-2,600,000 tenge (full name or phone number, WhatsApp correspondence and cash information are available on my smartphone);
2. Nurdaulet-bergen money 2,600,000 tenge (Full name or phone number, Whatsapp correspondence and information about funds are 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 information about funds are available on my smartphone);
5. Dana Rayymbaeva-money 1,300,000 tenge (Full name or phone number, Whatsapp correspondence and information about funds are on my smartphone);
6. E. Say's money - bergen 1,300,000 tenge (Full name or phone number, Whatsapp correspondence and information about funds are on my smartphone).
However, all the words that D. said in advance turned out to be lies. Funds were withdrawn in cash, through the Public Bank, kobret met, convinced of lies, and sometimes he and Ashilov Kasymkhan went to work without a phone.
D Nyman actually only partially returned the students ' money. The answer he gave during the preliminary investigation was false and absurd.
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 I forgot other names, and I deceived the students by taking their funds so that they would shoot. There's everything, skrin. In the course of tregu, the investigation was confused by a false answer and a lie. When billing, detailing is done, everything is visible.
N. D. The defendant transferred 8,500,000 tenge of funds through various bank applications, and transferred 6,000,000 tenge in cash. However, D. N.'s answer that he took only 5,500,000 tenge in the case and returned it back is false.
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.
K. Aruzhan, Ubaydulla D., N. Dauletkhan did not return any cash received to the defendant.
The defendant saw in each student only a share belonging to him, and at the very back he returned only money, regardless of anything. "I don't know," he said.
As for the game, the defendant had nothing to do with the game, because Ashilov was playing according to Kasymkhan. I never went to the game halls alone, every time I went to Ashilov Kasymkhan. I didn't understand the rules of the game, then Kasymkhan would explain by phone or by himself.
In order to return the money of the students, Ashilov Kasymkhan used the small funds that were available to the students through the game, which he carried to the students himself. "I don't know," he said, " but I don't know what to do."
I have all the necessary information on the defendant's smartphone about Vatsap correspondence and cash. If necessary, I can bring it to the attention of the court.
All the time, the defendant, who accompanied the students in the filming of KazNMU, KRMU, constantly addressed K. Aruzhan, Ubaydulla D., Naiman D., informing the students of the information received.
Dear court! The defendant, for his part, fully admits the crime committed and apologizes to all the victims. The reason: he helped enroll illegal students. However, cheating students, making money fraudulently was not in the game.
The defendant was admitted to Kaznmu with the intention of becoming a good doctor. He expressed his trust in ubaydulla Dathaev, Kaliyeva Aruzhan, Naiman Dauletkhan, Nazgul. He was not looking for students himself, they often came through the students who had fallen.
Students ubaydulla D., K. Aruzhana, N. Dauletkhan:
1. graduated from Ulzhalgas – Kaznmu at the Faculty of Otorhalingology 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 many more that I do not remember now. 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.
The defendant sincerely apologizes to the victims.
Dear court, I ask you, in accordance with the requirements of Article 53 of the Criminal Code of the Republic of Kazakhstan, paragraph 11 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 26, 2004 No. 17 "on the consideration of criminal cases by courts in a reduced order", to recognize the defendant oz guilty, sincerely repent, criminal liability for the disclosure of a criminal offense and mitigating the punishment as circumstances.
The defendant fully recognizes the property damage caused to the above-mentioned 24 victims to date.
The vast majority of victims in the case are asking the court against the defendant to appoint you to a sentence not related to imprisonment in a criminal case;
Dear court, the defendant fully agrees with the charge and fully admits his guilt. The defendant has not been previously convicted, has not been brought to criminal responsibility, has a permanent place of residence, and his identity is established. The defendant does not intend to hide from the criminal prosecution authorities or the court, or to interfere with an objective investigation of the case or its consideration in court.
There was no intention to deceive the victims and embezzlement of funds, but one of the charges was the inability to withdraw money from the victims and give it back to Ubaydulla Dathaev, Kaliyeva Aruzhan, Naiman Dauletkhan.
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.
We believe that the court has the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a penalty, and we hope that the court will impose a suspended sentence. Or imposing a sentence of restriction of freedom in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan.
Article 190 of the Criminal Code of the Republic of Kazakhstan, Part 3, Part 1 - in a large amount; paragraph 4 - in the sanction of punishment for repeated fraud, it is stated that the convicted person 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".
When the prosecutor asks for the appointment of a punishment, we believe that the court has the opportunity to apply Article 63 of the Criminal Code of the Republic of Kazakhstan when imposing a punishment, and we hope for the appointment of a suspended sentence by the court. Or imposing a sentence of restriction of freedom in accordance with Article 44 of the Criminal Code of the Republic of Kazakhstan.
In accordance with article 615 of the Criminal Code of the Republic of Kazakhstan, A suspect, accused, or defendant has the right to apply for the conclusion of a procedural agreement on an admission of guilt in the form of a transaction at any time of the criminal proceedings before the court leaves for the deliberation room.
In accordance with article 618 of the Criminal Code of the Republic of Kazakhstan, A suspect, accused, defendant and convicted person has the right to apply to the body conducting criminal proceedings or to the prosecutor with a request to conclude a procedural agreement on cooperation in accordance with paragraph 2) of part one of Article 612 and Article 619 of this code.
The procedural agreement on cooperation with the suspect, accused, defendant is approved, respectively, by the prosecutor general of the Republic of Kazakhstan, the prosecutor of the region or an equivalent Prosecutor, their deputies, and with the convicted person – the prosecutor general of the Republic of Kazakhstan or his deputy.
Article 628 of the Criminal Code of the Republic of Kazakhstan states that the defendant and his defense counsel have the right to declare a petition for the conclusion of a procedural agreement on the admission of guilt during the main trial in a criminal case, and when a petition for the conclusion of a procedural agreement on the admission of guilt is received, the judge interrupts the trial and gives the parties a reasonable period for concluding a procedural agreement.
Based on the above and in accordance with articles 99, 615, 618, 628 of the Criminal Code of the Republic of Kazakhstan,
OUR REQUESTS FROM THE COURT:
· Application for a plea of guilty in a criminal case and for reaching a procedural agreement on cooperation;
* Assign a sentence that is not accompanied by a sentence of deprivation of Liberty.
Best regards defender: Sarzhanov G. T.
"___"_______2024 year
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