The National Center for Human Rights provided legal assistance to a citizen on issues related to the termination of a pre-trial investigation

         The Commissioner for Human Rights in the Republic of Kazakhstan received an appeal from citizen A. concerning the termination of the pre-trial investigation.

         It follows from the appeal that the police department of the Karasai district of the Almaty province police department registered citizen A.'s appeal for action against a citizen of the Republic of Uzbekistan with the ERDF on grounds of criminal offence under article 190, part 1 (fraud) of the Criminal Code, which was subsequently written off as a nomenclature case.

         The National Centre for Human Rights sent citizen A.'s appeal to the prosecutor's office of Almaty region to check the circumstances to be clarified. Also with a request to verify the legality of the decision on writing off to the nomenclature file, in case of confirmation of the arguments in terms of violations of the CPC, to take appropriate measures of response and an act of prosecutorial supervision.

         It follows from the information provided that the prosecutor's office of Karasai district checked the arguments of citizen A. by studying the criminal case file.

         The examination of the documents of the criminal case established that the investigative body had not taken all the measures required by law for a comprehensive, full and objective examination of the circumstances necessary and sufficient for the correct resolution of the case.

         In this regard, the Karasai District Prosecutor's Office instructed to carry out the necessary investigative actions in accordance with Article 193 of the Code of Criminal Procedure, taking into account the arguments of Citizen A.

         Currently, the criminal case is at the stage of pre-trial investigation, and the investigative body is conducting investigative actions on the criminal case, the results of which will be the final procedural decision.

         At the same time, being guided by sub-paragraph 2) of paragraph 4 of Article 13 of the Constitutional Law, it is explained that according to paragraph 1 of Article 99 of the CCP, Article 71 of the CCP, Citizen A. has the right:

to petition for procedural actions or procedural decisions to establish the circumstances relevant in the criminal proceedings, to secure the rights and legal interests of the petitioner or the person they represent to the person conducting the pre-trial investigation, the prosecutor, the judge (to the court);

upon completion of the pre-trial investigation, to get acquainted with all materials of the case, to write out from it any information and to any extent, except for information constituting state secrets

file a complaint with the procurator under article 105 of the Code of Criminal Procedure. Under Article 106 of the CCP to file a complaint to the court against the refusal to perform actions (inaction) and decisions.