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Bloggers' Defense: 'Not Criminals, Just First-Timers' in Legal Case

In Astana, the trial of popular bloggers Yerbolat Zhanabylov and Elmira Tolegenova continues, with their defense attorney, Gauhar Aytzhanova, presenting a unique perspective on the case. Aytzhanova contends that her clients are not criminals but are, in fact, among the first individuals to navigate this type of legal situation.

No Intent to Commit Crime

The attorney acknowledged that Zhanabylov and Tolegenova have pleaded guilty to charges under Article 214 of the Criminal Code, which pertains to illegal business activities. However, she emphasized that their intention was never to commit a crime.

Aytzhanova asserted that if the couple had understood the potential legal ramifications, they would not have organized the activities that led to the charges. "Would they have done this if they knew they could be held liable? It's hard to believe that a couple with three children, an elderly grandmother, and parents would consciously engage in such actions and end up in court," she stated.

The defense also highlighted the couple's family circumstances, noting their responsibility for three children, their grandmother, and parents.

Case Could Have Avoided Court

Aytzhanova referenced an interview with Zhanat Alimanov, Chairman of the Anti-Corruption Agency, who suggested that the Zhanabylovs' case might not have escalated to a criminal level.

According to Aytzhanova, if her clients had initially admitted to administrative offenses and not contested the charges, the case might have been resolved without reaching a trial. "The national agency itself says: if they hadn't contested the guilt, there would be no criminal case. Today they wouldn't be in court," she explained.

The court investigation in the case of bloggers Yerbolat Zhanabylov and Elmira Tolegenova concluded on April 22nd in Astana. During the closing arguments, the prosecutor requested specific prison terms for the bloggers.

Previously, on April 14th, blogger Elmira Tolegenova partially admitted guilt in court. Before that, blogger Yerbolat Zhanabylov testified, tearfully admitting partial guilt.

"Why only us? This is very hard on our mothers, our parents. I don't understand: maybe we got in someone's way? It could be anyone in my place. Today, or tomorrow. I wouldn't wish such a situation, standing before a court, even on my enemies," Zhanabylov had said.

The Zhanabylovs' Trial Begins

The main court hearing in the case of popular bloggers Yerbolat Zhanabylov and Elmira Tolegenova commenced on March 16th in Astana. During the proceedings, the couple objected to journalists filming and photographing them.

"My eldest child goes to school, and my son is asked questions about our private life," Tolegenova explained to reporters at the time.

The bloggers' attorney requested the court sessions be held in private, but prosecutors objected. The court ultimately denied the request. Additionally, the defense sought to have the case returned to the prosecutor, but this was also rejected.

Earlier, Senior Assistant Prosecutor Olzhas Khairullaev read the indictment. It stated that the prizes and gifts offered by the Zhanabylovs were purchased with participants' money, while the advertising implied the prize fund was established from the organizers' own funds. According to investigation data, accounts linked to the bloggers received 247,653,000 tenge.

Zhanabylov and Tolegenova themselves declined to answer the judge's question about whether they admitted guilt.

This information was reported by the Infohub.kz news agency.

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