Request to restore the procedural deadline for filing an appeal

The Shu District Court of Zhambyl region

to the investigating judge B. M. Murzalipov

081128, Zhambyl region, Shu district, Shu city, Kunaev STR., 14 a

726-3213@sud.kz , 726-3267@sud.kz

8 7264 32 27 74,  8 7264 32-24-02

Lawyer: Lawyer Galymzhan Sarzhanov

Legal Office" law and law"

IIN 201240021767.

Republic of Kazakhstan, 050002, Almaty, Almaly

district, Abylai Khan Avenue, house 79/71, office 304.

www.zakonpravo.kz info@zakonpravo.kz

Tel.: +7 708 578 57 58 / 8 727 978 57 55.

Suspect: ke Muratbekovich

IIN .....

Zhambyl region, Shu district, Tole bi village... Street,№.... home resident.

Application

on restoring the procedural deadline for filing a complaint

The Republic of Kazakhstan, having established itself as a democratic, secular, legal and social state, its highest values are man, human life, rights and freedoms (paragraph 1 of Article 1 of the Constitution).

At the same time, everyone has the right to defend their rights and freedoms by all means that do not contradict the law (paragraphs 1 and 3 of Article 13 of the Constitution).

On May 20, 2025, with the participation of the investigating judge of the Shu District Court of Zhambyl region B. M Mirzalipov, the lawyer-lawyer of the suspect E. M. Bekeshev B. D. in the conference hall of the courthouse, No. 3166-25-00-2-3m/188 at an open court session, the senior investigator of the investigative unit of the Shu District Police Department Ayatbek A. A., born on February 26, 1985 in Zhambyl region, a citizen of the Republic of Kazakhstan, secondary education, not married, temporarily resident of Kylyshbay Street, house No. 19, Tole bi village, Shu district, Zhambyl region, the petition initiated against the suspect in the criminal case E Muratbekovich K on the absentee sanction of a preventive measure in the form of "detention under guard" was considered using a sound and video recording device and decided:

The petition of the senior investigator of the investigative unit of the SHU District Police Department Ayatbek A. A. on the absentee sanction of a preventive measure in the form of "detention under guard" against the suspect E Muratbekovich K-to be satisfied.

In relation to the suspect E Muratbekovich K, grant an absentee sanction for a period of 2 (two) months in the order of search for a preventive measure in the form of "custody".

The term of detention of the suspect under guard should be calculated from the time of his actual detention.

If a suspect is brought to the institution, the head of the place of detention must immediately notify the body or person conducting the criminal case and the supervising prosecutor about this.

When the suspect is detained, bring him to the investigating judge for consideration of the validity of the application of the selected preventive measure in the form of "custody".

The suspect, E. M. K., was detained and detained in Almaty at 22:00 on June 24, 2025 in accordance with the requirements of articles 128-131 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), and a notice was issued on June 27, 2025.

  In accordance with paragraph 4 of Article 148 of the Criminal Code of the Republic of Kazakhstan, consideration by an investigating judge of an application for sanction of a preventive measure in the form of detention without the participation of a suspect, accused is allowed only in cases where a search is declared for the suspect, accused or they are located outside the Republic of Kazakhstan and evade visiting the body conducting criminal proceedings when properly notified of the time and place of the court session. In case of detention, the suspect, the accused, is brought to the investigating judge for consideration of the validity of the application of the selected preventive measure.

Further, the senior investigator of the investigative unit of the Shu District Police Department Ayatbek A. A. filed a petition with the teregeu court to verify the validity of the application of absentee authorized detention in relation to the suspect E. M. K. in accordance with paragraph 2) of Part 4 of Article 194 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code).

         Article 148 of the Criminal Code of the Republic of Kazakhstan states that the right to sanction detention belongs to the investigating judge, and in cases provided for in paragraphs 2) and 3) of part seven of Article 107 of this code-to judges of the regional and equivalent Court.

In accordance with the requirements of this article, the investigating judge familiarizes the defense counsel with the materials received. In addition, a legal representative and representative also have the right to participate in the court session, provided that they are notified of the place and time of the court session in a timely manner, their absence will not prevent the court session.

In paragraph 14 of this article, a person conducting a pre-trial investigation is obliged to notify the relatives of the suspect in accordance with the procedure established by Article 135 of this code about the use of custody as a preventive measure, and in case of its application to a foreigner, the embassy, consulate or other representative office of this state through the Ministry of foreign affairs of the Republic of Kazakhstan.

But to date, the preliminary investigation authorities have not informed the relatives of the suspect about the decision of the investigating judge of the Shu District Court of Zhambyl region B. M. Murzalipov on May 20, 2025 on the absentee sanction of a preventive measure in the form of "detention under guard" against the suspect in the criminal case E Muratbekovich K.

The decision of the investigative Court of May 20, 2025 on the absentee sanction of a preventive measure in the form of "custody" in relation to E. M. K. was received by the secretary of the court on June 27, 2025 by the Defense party.

On June 27, 2025, the investigating judge of the Shu District Court of Zhambyl region, B. M. Murzalipov, with the participation of the suspect E. M. K -, defense lawyer G. Sarzhanov, considered the case materials No. 3166-25-00-2 - 3m/247 and decided: the application of a preventive measure in the form of absentee sanctioned detention on May 20, 2025 against the detained suspect E. Muratbekovich K was recognized as justified.

On May 20, 2025 and June 27, 2025, the defense Party filed a complaint against the decisions of the Shu District Court of Zhambyl region on 30.06.2025 at the time established by law.

However, in relation to the detained suspect E Muratbekovich k, a letter of Appeal is required to restore the procedural period to appeal the court decision on the application of a preventive measure in the form of absentee sanctioned detention on May 20, 2025.

Article 50 of the Criminal Code of the Republic of Kazakhstan. The term missed for a valid reason may be restored at the request of the interested person, by the decision of the interrogator, investigator, prosecutor or judge in whose proceedings the case is being held, in accordance with the procedure for missed deadlines and its restoration. At the same time, the term is restored for the person who missed it, and not for other persons, unless otherwise provided by the relevant decision of the body conducting the criminal process.

Refusal to restore the term shall be appealed in accordance with the procedure established by this code, which may be reviewed at the request of the prosecutor.

Based on the above, in accordance with articles 148.50 of the Criminal Code of the Republic of Kazakhstan,

I ASK THE COURT:

* May 20, 2025 restoration of the procedural period for filing an appeal against the decision of the investigating judge of the Shu District Court of Zhambyl region Murzalipov B. M. on the absentee sanction of a preventive measure in the form of "custody" against the suspect E. M. K.;

* On May 20, 2025, send a complaint from the Defense party to the judicial board for criminal cases of the Zhambyl Regional Court, which was brought to the decision of the investigating judge of the Shu District Court of Zhambyl region, Myrzalipov B. M., on the absentee sanction of a preventive measure in the form of "custody" against the suspect E. M. K.

With respect,

Defender G. T. Sarzhanov

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