Timiryazevskiy district court of the North-Kazakhstan region acquitted the charged in the defendant's theft

January 3, 2016 citizen T.Levchenko found torn lock on the door of the house and the phone loss, and then she called the police and reported the theft.

Before the discovery fact of loss between Levchenko and her roommate D.Ivanov had a quarrel because of the fact that he has broken the lock and drank alcohol with his brother, after an argument D. Ivanov left the house.

The next day, Ivanov returned Levchenko phone, explaining his actions by saying that he was in a state of alcoholic intoxication, accidentally put her phone in a pocket, and he had not intent on his theft.

On 5th of January police officer came to Levchenko and asked him to write a statement about the missing phone. According to Levchenko, she refused to write a statement, referring to the fact that the phone is found, and the fact that the theft was not confirmed, but the police officer warned that in case of failure in the writing of the statement to the police station against her should issue a false alarm.

Thus, by the pre-trial investigation authorities D. Ivanov was charged with the first part of Article 188 of the Criminal Code in the commission of a cell phone stolen from T.Levchenko.

Timiryazevskiy district court of the North-Kazakhstan region, examining the criminal case against D.Ivanov reliably established that on 6th of January, 2016 T.Levchenko wrote in a police department statement on refusal to initiate the case and terminate criminal proceedings against D.Ivanov that confirmed police officer A.Zhangozhin in the court. However, this statement was not reported to the police department and the criminal case is not intermingled.

Investigator in the pre-trial investigation wrote withdrawal record of D.Ivanov’s phone in allegedly previously stolen from T.Levchenko, although in fact the phone was kept in the latter, including at the moment of seizure record. Due to the fact that the seizure record phone is falsified by a police officer, the court found it inadmissible evidence.

Court thoroughly and carefully examined the criminal case file, concluded that the failure to prove by the pre-trial investigation authorities into allegations of theft of a cell phone, the presented D.Ivanov

D. Ivanov is found guilty of committing of the offenses stipulated by Paragraph one of Article 188 of the Criminal Code and acquitted for absence of the event of criminal offense.

 The court issued a private ruling to the Public Prosecutor of the North Kazakhstan region and the head of DIA of the North Kazakhstan region on illegal involvement of the citizen to criminal prosecution and substantial gross violations of the Criminal Procedure Code, committed in the course of pre-trial investigation by the police department and prosecutor's office to take appropriate response measures against officials.

The sentence has not entered into legal force.