Private complaint against the decision of the specialized interdistrict investigative Court of Almaty
To the Almaty City Court
The suspected defender of L. K. S. is Nigmetov S. D.
Specialized inter-district center of Almaty city
investigating judge of the investigative court
To the resolution of E. K. Karibaev dated 09/14/2023
private complaint
By the decision of the investigating judge of the Specialized Interdistrict Investigative Court, E. K. Karibaev, dated 09/14/2023, the preventive measure in the form of house arrest for suspect L. K. S. was extended to 3 months.
The resolution stipulates that the need to extend the period of house arrest, taking into account the need for additional investigative actions in the criminal case, cannot be completed until 09/18/2023, due to the need to conduct investigative actions specified in the criminal case petition and the scale of the criminal case, obtaining the conclusion of the audit appointed in the case, familiarizing the parties with the conclusion of the inspection, the interrogation of several victims, and motivated the need for other specified investigative actions.
I do not agree with this motivation.
According to Part 1 of Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan, "if there are sufficient grounds to believe that a suspect or accused is hiding from criminal prosecution or court authorities, or is obstructing an objective investigation or trial of a case, or continues to engage in criminal activity, as well as the body conducting the criminal process, within the limits of its powers, may apply one of the preventive measures provided for in Article 137 of this Code."
In accordance with Articles 1-1 of Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan, "when choosing a preventive measure against a suspect, the accused should consider the possibility of applying such a measure if there is a lighter measure of restraint severity."
L. K. S. 6 is a mother of minor children, currently in serious condition, and her spouse is in custody in a pre-trial detention center.
In this regard, L. K. S. needs communication and support, help with relatives. However, these actions are limited to a preventive measure in the form of house arrest.
In this regard, I ask you to amend the decision to extend the preventive measure in the form of house arrest of L. K. S. For 3 houses and apply a preventive measure in the form of a subscription not to leave and proper behavior to L. K. S..
09/15/2023 G. S. Nigmetov
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