Statement of clarification of the resolution
To the Investigating judge of the Specialized Interdistrict
The Investigative Court of Almaty, M.S. Jarilgasova.
from the defender of the suspect S.L.K. – lawyer S.D. Nigmetov.
IIN 820125350700
79 Abylai Khan ave., office 313, Almaty
Cell phone: 87054628284
statement of clarification of the resolution dated July 18, 2023
On July 18, 2023, you reviewed a petition to authorize a change in the preventive measure in the form of bail for house arrest in respect of suspect S.L.K. (material No. 7595-23-00-2-3m/6793).
According to this resolution, one of the restrictions on house arrest in respect of L.K. Sekbaeva was the following restriction: "prohibit communication with participants in the proceedings in the present criminal case, as well as other persons, and the admission of anyone at home, with the exception of a lawyer, and family members living together at the place of detention under house arrest." by arrest."
S.L.K. is married to S.E.D., born on 08/02/1970, who, at the time of consideration of the application for a change in the preventive measure in the form of bail for house arrest in respect of the suspect S.L.K., was in custody at the RSU "Institution 72" DUIS in the city of Almaty.
According to the Code of the Republic of Kazakhstan "On Marriage and Family," S.L.K. and S. E.D. are members of the same family.
On 11/09/2023, by a decree of the head of the SOG of the DEHR in Almaty, S. Sakenov, approved by the Deputy Prosecutor of Almaty, N.Zh. Auganbaev, the criminal prosecution against S.E.D. was terminated. The status of S.E.D. is not defined in this resolution.
According to P.5) Article 7 of the Criminal Procedure Code of the Republic of Kazakhstan "participants in criminal proceedings are bodies and persons conducting criminal prosecution and maintaining charges in court, as well as persons defending their rights and interests during criminal proceedings: prosecutor (public prosecutor), investigator, body of inquiry, inquirer, suspect, the witness entitled to defense, the accused, their legal representatives, the defender, the civil defendant, the victim, the private prosecutor, the civil plaintiff, their legal representatives and representatives."
In this regard, the defense had a need to clarify the provisions of the above-mentioned prohibition, since the criminal prosecution authority, represented by officials, believes that cohabitation of the suspect S.L.K. and her spouse S.E.T. would be a violation of the resolution of July 18, 2023 on changing the preventive measure from bail to house arrest.
The defense, in turn, believes that the cohabitation of the suspect L.K. Sekbaeva with her husband, S.E.D., at her place of residence will not violate the above restriction, since the list of participants in the process is clearly established in paragraph 5) of art. 7 of the Criminal Procedure Code of the Republic of Kazakhstan. S.E.D. is not currently anyone -or one of the persons listed in this paragraph.
In addition, it should be noted that S.L.K. is in the last month of pregnancy and, due to the physiological characteristics caused by pregnancy, it is difficult for her to perform parental duties in relation to minor children at the present time, and there will be even more difficulties after childbirth. In this regard, she needs the physical and moral support of her spouse.
According to paragraph 19 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated January 24, 2020 No. 1 "On certain issues of authorizing preventive measures", restrictions should not prevent a person from contacting family members, communicating with his lawyer, performing vital actions, for example, receiving medical care, etc.
According to Part 1 of Article 70 of the Criminal Procedure Code of the Republic of Kazakhstan, the defender is obliged to use all legal means and methods of defense in order to identify circumstances that refute suspicion, accusation or mitigate the responsibility of the suspect, the accused, and provide them with the necessary qualified legal assistance.
Based on the above, I ask you:
- to clarify whether S.L.K. has the right to cohabit with her spouse S. E.D., born on 08/02/1970, at her place of residence.
Appendix: notification of representation, a copy of the lawyer's certificate, resolution dated 07/18/2023, a copy of the resolution of the head of the SOG, S. Sakenov, dated 11/9/2023.
11/10/2023 Nigmetov S.D.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
