Violation of the constitutional rights of citizens is not allowed

The Board of the Main transport Prosecutor's office discussed issues of compliance with the constitutional rights of citizens in criminal proceedings.

As noted by the chief transport Prosecutor Yernat Sybankulov, despite the measures taken, there are violations of the constitutional rights of citizens.

So, for the last year and a half courts on transport is justified by 16 persons (11 of them in cases of criminal offences that by law are sent to court by the prosecution itself). Of these, in 7 criminal cases, the state prosecutors themselves refused to charge at the stage of consideration of cases in the courts. In 4 criminal cases, criminal prosecution against 5 persons was terminated on the instructions of the Prosecutor's office.

In General, the criminal prosecution authorities allow facts of falsification of evidence, provocation, correct qualification of acts and violate the terms of investigation of cases.

So far, the work of the criminal prosecution authorities has shown discrepancies in indicators not based on the principle of objectivity in investigating criminal cases for figures and "good statistics", but only when evading charges.

Yernat Sybankulov noted the requirements of article 80 of the Law "on law enforcement service" for the heads of law enforcement agencies to release subordinate heads of territorial law enforcement agencies for committing crimes and systematic disciplinary offenses related to violations of the constitutional rights of citizens.

In addition, the main transport Prosecutor reminded that according to part 3 of article 933 of the Civil code of the state to repay the harm caused by officials of bodies of inquiry, preliminary investigation, prosecution and trial, has the right to return to these in the cases when the guilt of such persons established by a legally effective court decision.

"The requirements of this legislation must be implemented unconditionally, in this case any person should think before to take any procedural decision", - said the Alternative Subankulov.

Summing up the meeting, he demanded that the prosecution the requirements of articles 39 and 41 of the Criminal procedure code regarding official pardon for the harm caused and the notification explaining the procedure for compensation of damages caused by illegal criminal prosecution.

Main transport Prosecutor's office