We ask you to assist the Chairman of the Supreme Court in making a fair decision by taking our petition under your personal control.
The Republic Of Kazakhstan
Chairman of the Supreme Court
Aslambek Mergaliyev
Convicted defense attorney
M. S. T.
Almaty region, Talgar district,...
Tel. 8747.....
Application form
Dear Chairman Aslambek Amangeldievich the reason for my appeal to you was the following cases of injustice and illegality, namely, according to the verdict of the specialized Inter-District Court for criminal cases of Almaty region on January 11, 2024, my son A. A. M. was found guilty of Paragraph 1) of Part 3 of Article 122 of the Criminal Code of the Republic of Kazakhstan and sentenced to imprisonment for a period of 12 (twelve) years.
In disagreement with this sentence, The Defenders and the defendant appealed to the judicial board for criminal cases of Almaty region.
However, the judicial collegium for criminal cases of Almaty region, by the decision of February 27, 2024, left the verdict of the specialized Inter-District Court for criminal cases of Almaty region unchanged, and the appeals were dismissed.
We believe that these judicial acts are subject to change. We partially agree with the accusation of A. M. A. In particular, we consider the differentiation of the actions of A. M. A. under Paragraph 1) of Part 3 of Article 122 of the Criminal Code of the Republic of Kazakhstan to be incorrect and unfair.
The fact is that the incorrect application of criminal and criminal procedure laws by the courts of the first and appellate instance led to a misdirection of the actions of the convicted Ashimbayev a.m. and his too severe punishment.
So, on February 27, 2024, at a closed court session, the jury Judge M. T. Musabekova asked: "Was There sex on February 25, 2021?"the victim A. E. M. replied," Yes, that's it."
"Where was it?""to the second question, the victim A. E. M. replied that" he is at home " (however, in the case of the case, the guest was sleeping). Further, the victim A. E. M. said: "We have been with Adil (that is, with the convicted A. Ashimbayev) for 3.5 years, then we have been in court for 3 years, since 2019 to the first trial, and we have had sex all the time. We live a full life, " the jury commented.
Consequently, on February 25, 2021, the convicted a.m. victim a.m. of the side of the accusation that she had sexual intercourse, and the conclusions of the courts did not find their evidence, are false.
In addition, at the court session of the Specialized Interdistrict court for juvenile affairs of the Almaty region, which took place on September 02, 2022, a.m. told the court that sexual intercourse occurred on January 11, 2021. Specifically, the public prosecutor's question "What day was the second time? to the question "the victim a.m. replied that" the birthday of the second righteous is on January 11, 2021
Further at this hearing, when the defense attorney asked "for the second time on January 11, 2021", the victim a.m. said "yes". And Judge N. T. Nurmakhanbetov "did you celebrate your birthday for the second time?"when asked a clarifying question, the victim said a.m." Yes. We went at 12 o'clock in the morning, congratulated and then it happened.
The victim will have to discuss the mentioned testimony of A.M. and conclude that sexual intercourse took place on the date of birth of the convicted a.m. A., That is, on January 11, 2021.
Despite this, the court of First Instance found a.m. A. guilty of this episode, saying That a.m. A. and A. E. M. found their evidence for having sex on January 12, 2021.
However, the Judicial Board of the Almaty Regional Court on criminal cases, without any attempts to eliminate these contradictions, came to a false, unjustified conclusion that even in this episode the guilt of A. A. finds its evidence.
Despite this, the court of Appeal dismissed the defense's petition for an investigation. In this case, the court of Appeal illegally supported the prosecution, violating the requirements that "the court, while maintaining objectivity and impartiality, is obliged to create the necessary conditions for the parties to fulfill their procedural duties and exercise the rights granted to them."
Thus, on February 25, 2021, the accusation of A. M. A. A. A. A. of having sex was justified by the contradictory testimony of the victim A. E. M. and did not find its own evidence.
The victim a.m. in his answers indicated that even during the trial, A. A. had the same relationship as a girl and a guy, loved each other, and there was even talk of marriage.
Therefore, there is a criminal offense that continues in the actions of the convicted B. A., That is, a criminal offense that, combined with one intention and one purpose, constitutes a single criminal offense as a whole. We consider his actions to be unjustified, misdirected under the sign of a crime committed "repeatedly".
Thus, we would like to say that the actions of the convicted B. A. are not subject to qualification under the sign of a crime committed "repeatedly" and should be recognized as a chronic crime.
In this case, why does the court believe only the testimony of the victim and not believe the testimony that the second time sexual intercourse occurred on 11.01.2021, there was no sexual intercourse on 25.02.21?
The honorary chairman noted that the convicted A. M. A. was the only child of his mother, grew up as a dependent of only his own mother since the age of 1.5, that the mother had no other support than her child, A. A. committed these crimes when he was a minor. We ask you to take into account that the material and spiritual damage to the victim has been fully compensated, the identity, youth, there are no serious consequences as a result of the crimes committed by him, the material and spiritual damage has been fully compensated, and the victim and his legal representative are pardoned. The victim and the victim studied at the same school, the defendant took part in various sports competitions from the walls of the school and received a sports ryazraddatar. The defendant, a citizen who, together with Tuekel Muslim, participated in the filmmaking of his film works to reach the heights of acting.
To date, a petition has been submitted to the Judicial Board of the Supreme Court of the Republic of Kazakhstan for deliberate revision of the sentence of the Specialized Interdistrict court for criminal cases of the Almaty region dated January 11, 2024 and the resolution of the judicial board for criminal cases of the Almaty region dated February 27, 2024, which entered into legal force on these offenses.
Dear Chairman, in view of the above, I ask you to take our petition under your personal control and influence it to make a fair decision.
Defender M. T.
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