STATEMENT ON A CRIMINAL OFFENSE REGARDING THEFT
To the Prosecutor's Office
of the Turan District of the City of Shymkent
Applicant: KR A
IIN: ....
Resident of the city of Shymkent, microdistrict ..., building No. ....
Representative under Power of Attorney:
“Zakon i Pravo” Law Office
BIN 201240021767.
Attorney Sarzhanov Galymzhan Turlybekovich
Republic of Kazakhstan, 050002, Almaty,
Almaly District, 79/71 Abylai Khan Avenue, Office 304.
info@zakonpravo.kz www.zakonpravo.kz
Tel.: +7 708 971 78 58 / 8 727 971 78 58.
STATEMENT ON A CRIMINAL OFFENSE
The Republic of Kazakhstan, establishing itself as a democratic, secular, rule-of-law and social state, whose highest values are the individual, human life, rights and freedoms (Paragraph 1 of Article 1 of the Constitution).
Furthermore, everyone has the right to protect his or her rights and freedoms by all means that do not contradict the law and to receive qualified legal assistance (Paragraphs 1 and 3 of Article 13 of the Constitution).
By this statement, acting as the representative of KR A and protecting her interests on the basis of a power of attorney, I hereby report the following circumstances.
KR Aidaralieva is the owner of Boutiques No. 17, No. 20 and No. 21 located at the “Zhibek Zholy” Market at the address: 38 Almaty Highway, Shymkent, and carries out the sale of fruit and vegetable products at the said premises.
AШД, who conducts trade at Boutique No. 16 at the said market, has been conducting trade as a neighboring trader for approximately 3 years.
Starting from January 2026, the Principal, R.A. K, noticed unexplained losses in the trade turnover, namely, along with the regular disappearance of goods delivered within a short period of time, the actual amount of income significantly decreased. These circumstances gave rise to reasonable suspicion that third parties might have been systematically stealing the goods.
The Principal, R.A. K, received the initial information regarding the said theft acts from S.E.A., the owner of neighboring Boutique No. 3 “b”. In particular, on March 24, 2026, E.A. S personally noticed AШД repeatedly carrying goods in boxes from Boutique No. 17 belonging to R.A. K, and immediately informed the Principal, R.A. K, thereof.
Furthermore, E.A. S, for the purpose of clarifying the said circumstances, suggested reviewing the recordings from the video surveillance cameras of H.T. Rozytaevna, the owner of neighboring Boutiques No. 1–2.
In this regard, the Principal, R.A. K, contacted H.T. Rozytaevna, the owner of neighboring Boutiques No. 1–2, and reviewed the recordings from the video surveillance cameras installed at her boutique. The said video surveillance cameras are directed towards Boutiques No. 16 and No. 17. Due to the fact that the recordings of the said video surveillance cameras are stored for a limited period, only video materials relating to the last 10 days were provided. Upon reviewing the provided video recordings, it was established that AШД, together with a citizen named Aziz, who is her husband (hereinafter — the husband), acting by prior conspiracy, repeatedly illegally entered Boutique No. 17 belonging to the Principal and secretly took fruit and vegetable products.
In particular, the video recordings clearly capture at least 6 (six) instances of their acts of theft.
As a result of examining and studying the video surveillance recordings provided by the market administration, the following theft episodes were established:
Episode 1:
On March 18, 2026, at approximately 22:38, the video surveillance recording at the “Zhibek Zholy” Market clearly shows AШД entering the area of Boutique No. 17 belonging to R.A. K, repeatedly taking goods in boxes and carrying them to Boutique No. 16 belonging to her. The said actions indicate that they were systematically carried out with the purpose of secretly and unlawfully taking possession of another person's property without payment. Furthermore, at approximately 22:51, despite the fact that the video recording shows a security officer approaching, Ш.Д. А did not stop her actions and continued taking away the goods. After the security officer left, she left the scene, which was also recorded on the video. The circumstances specified in Episode 1 are clearly recorded in the video recording saved under the name “2026.03.18_22.37_базардын_камерасы.mp4” and fully confirm the actions of the suspect.
Episode 2:
On March 20, 2026, at approximately 00:09, the video surveillance recording shows AШД arriving at the market and heading toward Boutique No. 17 belonging to R.A. K. The video clearly shows her examining the items in front of the boutique in order to find the key used to open the boutique door, checking the surroundings and finding the key in a certain hidden place.
After that, A Ш.Д., using the said key, illegally entered Boutique No. 17 and subsequently carried out actions aimed at secretly taking possession of another person's property.
From approximately 00:10 to 00:48, A Ш.Д. repeatedly took goods from inside Boutique No. 17 and systematically carried them to Boutique No. 16 belonging to her. As a result of the analysis of the video recording, it was established that she carried away, in stages, a total of 25 (twenty-five) boxes and 2 (two) bags of fruit and vegetable products.
The said actions indicate that they were carried out in a premeditated and systematic manner with the purpose of secretly and unlawfully taking possession of another person's property without payment.
This is evidenced by the video recordings saved under the names “2026.03.20_00.07_базардын_камерасы.mp4” and “2026.03.20_00.45_базардын_камерасы.mp4”.
Episode 3:
On March 20, 2026, at approximately 23:39, the video surveillance recording shows AШД arriving at the market and continuing her actions. At approximately 23:41, the video clearly shows her illegally entering Boutique No. 17 belonging to R.A. K.
Thereafter, until 00:02 on March 21, 2026, Ш.Д. А repeatedly took goods from inside Boutique No. 17 and carried them in stages to Boutique No. 16 belonging to her. As a result of the analysis of the video recording, it was established that she took out a total of 15 (fifteen) boxes of fruit and vegetable products.
On March 21, 2026, at approximately 20:44, the video surveillance recording shows AШД arriving at the market together with her husband in a cargo vehicle. Upon arrival, they entered their Boutique No. 16, which is visible on the video recording. Upon examination of the video recording, it was established that during the said period a security officer was actively conducting checks in the market area, and another vehicle was moving near the boutiques. We consider these circumstances to have prevented them from committing criminal acts.
At the same time, the video recording clearly shows that Ш.Д. А and her husband remained inside their Boutique No. 16 for a long period of time; however, they did not enter Boutique No. 17 belonging to R.A. K and did not carry out any actions involving the removal or transportation of any goods. At approximately 22:23, they exited their boutique and left the market together. This is evidenced by the video recordings saved under the names “2026.03.21_20.43_базардын_камерасы.mp4”, “2026.03.21_21.04_базардын_камерасы.mp4” and “2026.03.21_21.56_базардын_камерасы.mp4”.
Episode 4:
After failing to carry out any theft acts in the evening of March 21, 2026, approximately two hours later, i.e. on March 22, 2026, at approximately 00:16, the video surveillance recording shows AШД returning to the market area on foot and entering Boutique No. 16 belonging to her. Thereafter, at approximately 00:21, the video clearly shows her illegally entering Boutique No. 17 belonging to R.A. K. Starting at approximately 00:24, A Ш.Д. repeatedly took goods from inside Boutique No. 17 and systematically carried them to her boutique. As a result of the analysis of the video recording, it was established that she carried away, in stages, a total of 20 (twenty) boxes of fruit and vegetable products. The last, 20th box, was carried away at approximately 00:47, and at 00:48 the video recording shows A Ш.Д. leaving the market area. The said actions indicate that they were systematically carried out by a group of persons acting by prior conspiracy, with the purpose of secretly and unlawfully taking possession of another person's property without payment. This is evidenced by the video recordings saved under the names “2026.03.22_00.15_базардын_камерасы.mp4” and “2026.03.22_00.35_базардын_камерасы.mp4”.
Episode 5:
On March 23, 2026, at approximately 13:01, taking advantage of the market's day off, the video surveillance recording shows AШД arriving at the market together with her husband in a cargo vehicle. Immediately upon arrival, they entered Boutique No. 17 belonging to R.A. K, which is clearly visible in two video recordings. At approximately 13:03:45, her husband placed one bag of goods taken from inside the boutique into the cargo compartment of the vehicle. Thereafter, at 13:04:27, he placed one box of fruit and vegetable products (bananas) into the trunk, and at 13:05:02 the video recording shows him placing another box of goods into the trunk. Thus, within a short period of time, they loaded several goods into the vehicle and at approximately 13:10 left the scene together.
The said actions indicate that Ш.Д. А and her husband, acting by prior conspiracy, as a group of persons, secretly and without payment unlawfully took possession of another person's property. This is evidenced by the video recordings saved under the names “2026.03.23_12.59_базардын_камерасы.mp4”, “2026.03.17_сағат_04.22_ішкі_камера.mp4”, “2026.03.17_сағат_04.22_ішкі_камера_2.mp4” and “2026.03.17_сағат_04.22_сыртқы_камера.mp4”.
Episode 6:
On March 24, 2026, at approximately 05:35, the video surveillance recording shows AШД arriving at the market area and entering Boutique No. 16 belonging to her. Thereafter, at approximately 05:37, the video clearly shows her entering Boutique No. 17 belonging to R.A. K. From approximately 05:37 to 05:55, Ш.Д. А took goods from inside Boutique No. 17 in stages and transported a total of 9 (nine) boxes of fruit and vegetable products to her boutique. At approximately 05:57, she looked outside through the boutique door and observed the surroundings, and it can be seen that she attempted to ensure that her actions were carried out secretly. This indicates that her actions were intentional and concealed in nature. Thereafter, at approximately 06:06, after making sure that there was nobody around, Ш.Д. А continued transporting the goods and, approximately until 06:11, took out additional boxes. According to the analysis of the video recording, a total of 12 (twelve) boxes of fruit and vegetable products were transported on that day.
The said actions indicate that they were systematically carried out with the purpose of secretly and unlawfully taking possession of another person's property without payment. This is evidenced by the video recordings saved under the names “2026.03.24_05.34_базардын_камерасы.mp4” and “2026.03.24_05.34_ішкі_камера.mp4”.
Due to the fact that video surveillance recordings are stored only for the last 10 days, the Principal, R.A. K, was able to examine the video recordings only for the period from March 18 to March 24, 2026.
During this short period of 7 days, the fact that AШД and her husband secretly took possession of another person's property at least 6 times is confirmed by specific video recordings. This circumstance clearly demonstrates that their actions were not accidental or isolated, but, on the contrary, were carried out systematically, regularly and in a premeditated manner.
Furthermore, according to the explanation of the Principal, R.A. K, since January 2026, an unjustified shortage of goods and a sharp decrease in the amount of income have been observed. In this regard, there are reasonable grounds to suspect that during the period not covered by the video recordings, the suspects also systematically committed thefts in a similar manner. These circumstances require a comprehensive, complete and objective investigation of the case, including verification of episodes during the period not covered by the video recordings.
Furthermore, there are suppliers engaged in supplying goods to the Principal, R.A. K, and their contact details and information confirming the volume of the products supplied are available, which, in turn, will make it possible to prove that the goods were supplied in a specific quantity and that a shortage subsequently occurred.
According to preliminary calculations, the total amount of material damage caused since January 2026 is approximately 15,000,000 (fifteen million) tenge.
Regarding this fact, before reviewing the above-mentioned video recordings, the Principal filed a statement with the Turan District Police Department of the Police Department of the city of Shymkent on March 27, 2026. However, after the statement was filed, AШДильмуратовна admitted that she had taken only 2–3 boxes of goods once, i.e. she paid the Principal only 200,000 (two hundred thousand) tenge and admitted her criminal actions, but has not compensated the full amount of the material damage caused to date.
The above circumstances indicate the presence in the actions of AШД and her husband, a citizen named Aziz, of the elements of a criminal offense provided for by Subparagraph 1) of Part 2 of Article 188 of the Criminal Code of the Republic of Kazakhstan (committed by a group of persons by prior conspiracy), as well as Subparagraphs 1), 2), 3) of Part 3 of the said Article (on a large scale; repeatedly; with unlawful entry into an office or production premises or storage facility), namely theft committed with unlawful entry from Boutiques No. 17, No. 20 and No. 21 belonging to R.A. K.
Pursuant to Article 167 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter — the CPC RK), a civil claim may be filed from the moment the pre-trial investigation commences until the judicial investigation is completed by the person who has suffered direct property or moral damage as a result of a criminal offense or a criminally punishable act of an insane person, or by his/her representative.
Pursuant to Part 1 of Article 179 of the CPC RK, the commencement of a pre-trial investigation shall be the registration of a statement or report of a criminal offense in the Unified Register of Pre-Trial Investigations or the performance of the first urgent investigative action. The prosecutor shall be notified of the commencement of the pre-trial investigation within one day.
Pursuant to Subparagraph 1) of Part 1 of Article 180 of the CPC RK, grounds for commencing a pre-trial investigation, in the absence of circumstances precluding proceedings in the case, shall be sufficient data indicating the elements of a criminal offense, in particular, a statement by an individual.
Pursuant to Subparagraph 1) of Part 1 of Article 181 of the CPC RK, statements by individuals regarding a criminal offense may be oral or written, or in the form of an electronic document.
In view of the above circumstances, pursuant to Articles 71, 73, 167, 179 and 181 of the Criminal Procedure Code of the Republic of Kazakhstan,
I REQUEST THAT YOU:
· register AШД and her husband, a citizen named Aziz, in the Unified Register of Pre-Trial Investigations for committing a crime pursuant to Parts 2 and 3 of Article 188 of the Criminal Code;
· recognize KR A as a victim;
· recognize KR A as a civil claimant;
· conduct a complete, comprehensive and objective pre-trial investigation into the stated circumstances;
· appoint Attorney Sarzhanov Galymzhan Turlybekovich and Legal Consultant Kenesbek Islam Mukhameduly as representatives of the victim — civil claimant KR A in the criminal case and issue a respective resolution.
Note: We are ready to additionally submit the above-mentioned video recordings.
Respectfully,
Representative under Power of Attorney / Attorney: G.T. Sarzhanov
Attention!
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