The complaint is Intentional infliction of serious harm to health
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Judicial Board for Criminal Cases of the Almaty City Court
Lawyer of Law Firm No. 6 AGCA Sarzhanov G.T., office 15, Bukhar zhyrau, 64, Almaty.
+ 7 (708) 578 57 58.
acting in the interests of the convicted Kozhamzharov Kairat Kozhamzharovich
Born on 09/02/1982, convicted under Part 1 of Article 106 of the Criminal
Code of the Republic of Kazakhstan to 3 years in prison
THE APPEAL
on the verdict of the district court no.2 of Bostandyk district of Almaty dated July 25, 2018
By the verdict of the district court No. 2 of the Bostandyk district of Almaty dated July 25, 2018, Kozhamzharova Kairat Kozhamzharovich was found guilty of committing a crime under Part 1 of Article 106 of the Criminal Code of the Republic of Kazakhstan, and was sentenced to 3 years in prison to serve his sentence in institutions of the medium-security penal system. I do not agree with this court verdict against my client regarding the imposition of punishment for the crime committed, since it is illegal, unjustified, due to excessive severity and is subject to change. The crime committed by my client is classified as crimes of moderate severity, according to Part 3, p. 11 of the Criminal Code of the Republic of Kazakhstan. In accordance with paragraph 5 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 25, 2015 No. 4 "On certain issues of sentencing", "when sentencing, the court must necessarily indicate in the verdict regarding each defendant the circumstances mitigating and aggravating his responsibility and punishment." In accordance with Part 1 of art . 68 of the Criminal Code of the Republic of Kazakhstan "A person who has committed a criminal offense or a crime of minor or moderate gravity, not related to causing death, is subject to release from criminal liability if he reconciled with the victim, the applicant, including through mediation, and made amends for the harm caused."
The complaint is Intentional infliction of serious harm to health
According to Part 3 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated June 21, 2001 "On judicial practice on the application of Article 68 of the Criminal Code of the Republic of Kazakhstan", "in accordance with part one of Article 68 of the Criminal Code, a person who has committed a criminal offense is subject to exemption from criminal liability if he has repaired the damage caused, and he reconciled with the victim, the applicant, or reconciliation took place through mediation." During the trial, the victim reconciled with the defendant and petitioned the court to terminate the criminal case in the order of ch. 1 art. 68 of the Criminal Code of the Republic of Kazakhstan. However, the district court No. 2 of the Bostandyk district of Almaty did not take into account the above circumstances, and also found it impossible to apply art.68 part 1 of the Criminal Code of the Republic of Kazakhstan. Based on the above, when sentencing my client, I ask you to pay attention to such mitigating circumstances as sincere repentance, active assistance in solving the crime, my client's cooperation with the investigation, reconciliation with the victim, the presence of a young child, as well as the fact that my client has no previous convictions, has dependent elderly parents, is the only the breadwinner, at the place of residence and work is characterized positively. In addition, according to paragraph 6 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated 04/20/2018 "On the court verdict", "a guilty verdict is issued if the court indisputably establishes that a criminal offense has been committed, this criminal offense was committed by the defendant, he is guilty of its commission, his guilt is confirmed by evidence collected in compliance with the requirements of the law. At the same time, there should be no grounds for terminating the proceedings and no grounds for referring the case to the prosecutor provided for in article 323 of the CPC. A person's guilt in committing a criminal offense is recognized as proven only in cases where the court, guided by the presumption of innocence, examined all the evidence directly, interpreting all the irremediable doubts in favor of the defendant, and within the framework of due process of law gave answers to all the questions specified in Article 390 of the CPC." Based on the above and in accordance with Part 2 of Article 68 of the Criminal Code of the Republic of Kazakhstan, Articles 414, 423, 431 of Part 1 of paragraph 3, Article 433 of the Criminal Procedure Code of the Republic of Kazakhstan,
The complaint is Intentional infliction of serious harm to health
ask:
District Court Verdict No.2 of the Bostandyk district of Almaty dated July 25, 2018, to cancel, terminate the case in full and release Kozhamzharov K.K. born on 09/02/1982 from criminal liability in accordance with Part 1 of Article 68 of the Criminal Code of the Republic of Kazakhstan.
Application: 1. A copy of the appeal. 2. A copy of the identity card.
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________2019 the year
I am familiar with the complaint of the defender and support K.K.
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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