Appeal on the fact of a criminal offense Extortion
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Judicial Board for Criminal Cases of the Almaty City Court
Lawyer........... legal address:…………... Tel.8 705 …………
acting in the interests of the convicted person ........... 02.09.19... G.R.,
convicted under paragraph 1 of Part 2 of art. 194UK RK to 1 year of imprisonment
THE APPEAL
on the verdict of the district court no.2 of the Bostandyk district of Almaty city dated 07/25/20.... of the year
By the verdict of the district court No. 2 of the Bostandyk district of Almaty dated 07/25/20... .................. He was found guilty of committing a crime under Part 1 of Article 194 of the Criminal Code of the Republic of Kazakhstan and was sentenced to 1 year of restriction of liberty. We do not agree with the verdict of the court and believe that the conclusions of the court of first instance do not correspond to the actual circumstances of the case and the actions of my client are subject to retraining. The said conviction is subject to cancellation on the following grounds: My client was convicted under paragraph 1 of Part 2 of Article 194 of the Criminal Code of the Republic of Kazakhstan "Extortion committed with the use of violence". However, neither during the pre-trial investigation nor during the judicial investigation was there any evidence that violence had been used against the victim.
In accordance with art.393 Part 3 of the Criminal Procedure Code of the Republic of Kazakhstan, a guilty verdict cannot be based on assumptions and is decided only on condition that during the trial the defendant's guilt in committing a criminal offense is confirmed by the totality of evidence examined by the court. According to P. 6 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 23, 2006 No. 6 "On judicial practice in cases of extortion" "extortion with the use of violence should be understood as the commission of this crime involving restriction of freedom, infliction of physical pain, blows, beatings, causing mild or moderate harm to the victim's health." The court of the first instance admitted the one-sidedness and incompleteness of the judicial investigation, the inconsistency of the conclusions of the court set out in the verdict, the factual circumstances of the case, as well as the court incorrectly applied the criminal law.
Results of the pre-trial investigation, ................ I have fully compensated the material damage caused to the victim. Also, the court did not take into account such mitigating circumstances as voluntary compensation for damage caused by a crime, positive characteristics from the place of work, from the place of residence, as well as sincere recognition provided for in art. 53 of the CPC RK. On the basis of the above and in accordance with Articles 414, 423, 431, part 1, paragraph 2, Article 433UPK RK On the basis of the above, in accordance with Articles 414, 423, 431, part 1, paragraph 4 of the CPC RK,
ask:
Verdict of Bostandyk district Court No. 2 of Almaty dated 07/25/20.....years in relation to..... According to paragraph 1 of Part 2 of Article 194 of the Criminal Code of the Republic of Kazakhstan, it was changed to reclassify acts from paragraph 1 of Part 2 of Article 194 of the Criminal Code of the Republic of Kazakhstan to part 1 of Part 194 of the Criminal Code of the Republic of Kazakhstan and impose a non-custodial sentence.
The lawyer.....
I am familiar with the defender's complaint and support it. .................... "_____" August 20.....
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.
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