Petition to the prosecutor in the criminal case for a plea of guilty in the case and the conclusion of a procedural cooperation agreement
Prosecutor of Auezovsky District of Almaty
Mr. utemuratov Saken Mazhitovich
Almaty, Auezovsky district, 050062/A10E9H7
Sairan microdistrict, 12 a, Sadovnikov 12A,.
+7 (727) 249‒49‒50, +7 (727) 249‒49‒39
The Defendant: D. K. R.
IIN ....
Defender: Sarzhanov Galymzhan Turlybekovich
Legal office" law and law"
Bin 201240021767
050002, Almaty, Almaly district, abylai Khana Ave., 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 Saken Mazhitovich!!! In the Proceedings of the presiding judge of the Court of Auezovsky District of Almaty R. N. Ashkeeva, a criminal case No. 7513-24-00-1/694 is being considered against me, filed under Article 190, part 3, paragraphs 1.4 of the Criminal Code of the Republic of Kazakhstan.
I fully agree and support the charges against me and the investigator's indictment of December 12, 2024.
At the same time, I do not dispute the suspicion, accusation and available evidence of the commission of a crime in the case, the nature and extent of the damage caused by myself, 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 on the admission of guilt in the case, as well as in accordance with article 618 of the Criminal Procedure Code, I would like to declare or express consent to it and conclude a procedural agreement using my right to conclude a procedural agreement.
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 my smartphone, and since there was no fever on the mobile phone from teregu, I handed the phone to my mother. In the present day, in the same smatrphone, there is additional evidence to the criminal case materials that expose the criminal actions of K. Aruzhan, Ubaydullah D., N. D. in this case.
I fully agree and support the charges against me and the investigator's indictment of December 12, 2024.
So, as for the event, time, place of committing a criminal offense, its method, cause, consequences, damage, in 2022 I met a guy named Nursultan, for his part, his brother D. Ubaydilla M. Tel, who works as vice-rector at Kaznmu. +7 701 . I was introduced, and during the acquaintance, U. M. Dathaev told me that I had the opportunity to collect students and get to the rezedentura.
Since that time, I started collecting students through U. M. D. to enroll in the specialty of residency at Kaznmu, and in addition to the amount provided by U. M. D., I received a small percentage.
After I had the desire to enter the specialty of residency at Kaznmu, I told my fellow students.
Then in 2022 - 9 out of 7 students:
1. M. N. Nurbolat is 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. zh. Aidana-studying at the Faculty of Otorhalingology of Kaznmu Tel.: +7 702 .;
8. Mayliev Adilet-studying at Kaznmu;
9.he is studying at the Faculty of Aphthalogy of Erbol – Kaznmu.
the state grant was received by U. M. D., I do not remember the names of 2 students who did not enter (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone), the money was returned by U. M. Dathaev in installments. After that, I entered the trust of U. M. D.
In 2023, during a meeting with U. M. D., He told me that he could enroll 20-30 students, and demanded that I cash out the funds.
I want students:
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 I collected lists of other students (full name or phone number, WhatsApp correspondence and money information are available on my smartphone), and took them to the University. The students constantly asked me questions about whether you can shoot, but U. M. D. assured me that you can shoot everything.
The funds received from the students were transferred in cash to U. M. D. in various places, 3-4 times in a cafe opposite the Grand Park Shopping Center, in the Gostinitsa Kazakhstan, Moscow shopping center, and 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 raise noise and enter U. M. Dathaev with a voice recorder. I protected U. M. D. by borrowing the students ' money as much as I could, and then U. M. D. instructed me to close the debt at the expense of another novice student, and since then I 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 me only 2 times by chance and did not receive any funds.
U. M. Dathayev said that in November 2024, an additional grant will be allocated and students will be able to enroll in 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.
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, after the difficulty of enrolling students in the residency program of Kaznmu, my acquaintance named Nargiza (who worked in Oblzdrav in Almaty region (now located in Kunaev city) met me, K. Aruzhan S. Tel: +7 778. he assured that he had acquaintances in Oblzdrav in Almaty region (now located in Kunaev) and in the admissions committee of the Kazakh-Russian Medical University (hereinafter - KRSU) and among the teachers who issue tickets.
Kaznmu-en sent the fallen students to KR:
1. AA - (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. K. 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. received 2,500,000 tenge for admission to KRSU for a grant for the specialty "Ambulance".
In 2023, 3 students of the KRSU A. S. for the specialty Radiology
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.:
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. received funds in 2023-2024 through the applications of Kaspi, Halyk banks and in cash.
During the investigation, K. Aruzhan said that in 2024 he did not meet with me and A. 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).
I gave K. Aruzhan 3,200,000 tenge in 2023 and 8,400,000 tenge in 2024, including 11,600,000 tenge in two years.
In addition, the answer given by A. S. K. during the preliminary investigation is absurd because he shot that he met me only once and transferred funds to buy perfume 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, I met a girl named A. Nazgul A. (volume 13, page 146), 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 don't know," I said, " but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know.
N. A. in fact, U. M. D. enrolled, but N. A., due to his negligence, could not enroll 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 cash information 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 head was collected from these students in the amount of about 20,000,000 tenge and transferred to U. M. D. in cash.
Since U. M. D. was unable to enroll the above students and U. M. D. did not return the money, we returned the funds to students who were unable to enroll at the expense of the students who came to the end and agreed with him.
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, I met a citizen named N. D. (13 volumes 112-146 pages of the case) with whom I was introduced by a girl named A. Nazgul A., a witness in the case. N. D. assured that he would be able to apply for a grant for residency, 1st year, get a score on a comprehensive test.
So, D. 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. A. Aruzhan-1,200,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
4. A. Saya-1,000,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
5. R. Dana-money for 1,300,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone);
6.Yersultan Saya - 1,300,000 tenge (full name or phone number, WhatsApp correspondence and information about funds are available on my smartphone).
However, all the words that D. said in advance turned out to be lies. Funds were received in cash, through the Public Bank, kobret met and convinced him of lies, sometimes he and A. Kasymkhan went to work without a phone.
D N. returned the money of the students, in fact, only partially. His response during the preliminary investigation was false and absurd, and I have evidence of it.
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 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.
To N. Dauletkhan, I transferred 8,500,000 tenge through various bank applications, and delivered 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. D. did not return any cash received in cash.
I saw only my own share in each student, and at the very end I returned only money, no matter what. Because I was confused by money and made a mess by covering a person with a person.
As for the game, I did not participate in any games, because I was playing with the words of A. Kasymkhan. I never went to the game halls alone, and every time I went to them, as A. Kasymkhan told me. 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, A. Kasymkhan used small funds in the game, which he carried to the students himself. Because Ubaydulla D., K. Aruzhan, N. Dauletkhan delayed or did not give the return of money to students who could not shoot.
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.
All the time I accompanied the students on the filming of Kaznmu, KRSU, constantly contacted K. Aruzhan, Ubaydulla D., Naiman D., telling the students the information they received.
Dear court! For my part, I fully recognize the crime committed and apologize to all victims. Reason: I helped enroll illegal students. However, it did not occur to me to deceive students, to make money fraudulently.
I really wanted to shoot, ran. If I had such a scam in mind, I would not have taken money for the Caspian application.
I entered kaznmu with the intention of becoming a good doctor. "I don't know," he said. I didn't look for students myself, they often came through the students who dropped out.
Students of U. D., K. Aruzhana, N. D.:
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.
I fully recognize the property damage caused to the above-mentioned 24 victims today.
The vast majority of victims in the case are asking the court against me to appoint you to a sentence not related to imprisonment in a criminal case;
Dear Saken Mazhitovich, I fully agree with the charges and fully admit my guilt. I have not been convicted before, I have not been prosecuted, I have a permanent place of residence, my identity is determined. I do 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.
I had no intention of deceiving the victims and embezzling their funds, but I was not able to return the money from the victims, giving them to Ubaydulla D., K. A., Naiman D.
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.
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 to impose a penalty, 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 I 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.
In accordance with article 615 of the Criminal Code of the Republic of Kazakhstan, the suspect, accused, defendant has the right to apply for the conclusion of a procedural agreement on the admission of guilt in the form of a transaction at any time of the proceedings in the criminal case 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,
I BEG YOU:
· Application for a plea of guilty in a criminal case and for reaching a procedural agreement on cooperation;
* Ask for a sentence that is not accompanied by a sentence of deprivation of Liberty.
Best regards defendant: R. D. K.
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