MOTION TO THE INVESTIGATOR FOR THE CONDUCT OF A SEIZURE
To: A.N. Mukishev,Investigator
of the Investigation Department of the Police Department of
Almaty Region,Ministry of Internal Affairs of the Republic of Kazakhstan
1 Industrialnaya St., Konaev.
From the representative of the victim:
Kengesbek Islam Mukhameduly
IIN 970103300774
Law Firm “Zakon i Pravo”
BIN 201240021767
Office 304, 79 Abylai Khan Avenue, Almaty
+7 708 971 78 58
Acting in the interests of the victim: A.I.S.
IIN 7.3
3 Zh... St., Almaty
MOTION
for the Conduct of a Seizure
A criminal case based on the statement of A.I.S. against Z.B.N. concerning fraud is currently being investigated by A.N. Mukishev, Investigator of the Investigation Department of the Police Department of Almaty Region, under Article 190 of the Criminal Code of the Republic of Kazakhstan and is registered in the Unified Register of Pre-Trial Investigations (ERDR) under No. 261900031000268.
Pursuant to Article 71, Part 1, Paragraph 3 of the Criminal Procedure Code of the Republic of Kazakhstan, the victim has the right to submit evidence.
Furthermore, Article 122, Part 4 of the Criminal Procedure Code of the Republic of Kazakhstan provides that information in oral or written form, or in the form of an electronic document, as well as items and documents for their admission as evidence in a criminal case, may be submitted by a suspect, accused person, defense counsel, private prosecutor, victim, civil claimant, civil defendant and their representatives, as well as any individuals and organizations.
The victim possesses a “GERLAX” USB flash drive containing video and audio recordings of conversations with B.N. Zakiryarov that are of substantial significance to the criminal case. The recordings were initially made and stored on the victim’s Samsung Galaxy Z Flip 3 mobile phone, after which a copy of the recordings was transferred from the mobile phone to the “GERLAX” USB flash drive.
In particular, the recordings contain conversations concerning the circumstances of the receipt of monetary funds, the failure to return such funds, the ownership by third parties of the machinery provided as security, as well as statements made by B.N. Zakiryarov concerning his initial intention at the time of receiving the monetary funds. The existence of the recordings and part of their contents were expressly indicated by the victim in the statement concerning the commission of a criminal offense.
Examination of the said recordings is necessary, first and foremost, to establish the time at which B.N. Zakiryarov formed his criminal intent. The recordings contain statements by him indicating that he had initially had no intention of returning the monetary funds received from the victim, i.e. that he admitted deceiving and misleading the victim. This circumstance is directly relevant to determining whether there was an intent to unlawfully appropriate another person’s property through deception or abuse of trust.
Furthermore, the audio recording contains information indicating that the property which B.N. Zakiryarov represented to the victim as being his own property and as security for the repayment of the monetary funds in fact belonged to third parties, which also misled the victim.
The above circumstances are of substantial importance for distinguishing fraud from mere non-performance of a civil-law obligation and must be verified and assessed together with the other evidence in the criminal case.
In view of the foregoing, and pursuant to Articles 253 and 254 of the Criminal Procedure Code of the Republic of Kazakhstan,
I HEREBY REQUEST THAT YOU:
- Conduct a seizure of the audio and video recordings of conversations between Z.B.N. and I.S. Abdullaev, stored on the “G.X” USB flash drive belonging to the victim A.I.S.
- Conduct an examination and review of the recordings contained therein, documenting their contents in the relevant procedural record.
Respectfully,
Representative of the victim:Kengesbek I.M.
Attention!
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