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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2017 No. 505

About approval of Regulations of pre-trial detention centers of criminal executive system

(as amended on 07-04-2021)

According to Item 1 of article 15 of the Law of the Republic of Kazakhstan of March 30, 1999 "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" I ORDER:

1. Approve the enclosed Regulations of pre-trial detention centers of criminal executive system.

2. To committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions, also in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan provision in Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Bisenkulov B. B. and Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.).

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Internal Affairs of the Republic of Kazakhstan police colonel general

K. Kasymov

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of July 26, 2017 No. 505

Regulations of pre-trial detention centers of criminal executive system

Chapter 1. General provisions

1. These rules of internal rules and procedures of pre-trial detention centers of criminal executive system (further - Rules) determine internal rules and procedures in pre-trial detention centers of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan for the purpose of providing detention regime of suspects of them and persons accused.

2. These rules establish procedure:

1) acceptance and accommodation of suspects and persons accused on cameras;

2) carrying out personal search, fingerprinting, photography, and also examination of things of suspects and persons accused;

3) withdrawals at suspects and persons accused of the objects, substances and food prohibited to storage and use;

4) material and household providing suspects and persons accused;

5) acquisitions by suspects and persons accused of food, and also necessities and other manufactured goods;

6) acceptance and transfer to suspects and persons accused of sending, transfers;

7) obtaining and departures by suspects and persons accused of letters, money transfers;

8) directions suspects and persons accused of offers, statements and claims;

9) departures by suspects and persons accused of religious practices;

10) involvement of persons accused to work;

11) participations of suspects and persons accused in family legal relations and civil transactions;

12) carrying out subscription of persons accused to newspapers and magazines;

13) medical and sanitary providing suspects and persons accused;

14) carrying out daily walks of suspects and persons accused;

15) holding appointments of suspects and persons accused to defenders, relatives and other persons;

16) ensuring participation of the suspects accused of investigative actions and judicial sessions;

17) applications of measures of encouragement and collection to suspects and persons accused;

18) personal acceptance of suspects and persons accused by the head of administration of the place of detention and persons authorized by it;

19) issues of bodies of the suspects and persons accused who died in the pre-trial detention center;

20) releases of suspects and persons accused from custody.

3. In each pre-trial detention center the daily routine, strictly regulated, obligatory to execution and observance, approved by the order of the chief of the pre-trial detention center or replacement his face taking into account features of work with this or that list of suspects, persons accused, season, local conditions and other circumstances will be organized. Time for eight-hour continuous dream, rise, toilet, acceptance of food, walk, work, educational actions, withdrawal to dream is provided in daily routine.

4. The person accused or the suspect is called for questioning in the pre-trial detention center only in working hours, at the same time no later than 21 hours return it in the camera.

5. Persons containing in pre-trial detention centers follow Rules of conduct of suspects and persons accused of pre-trial detention centers according to appendix 1 to these rules.

6. In the pre-trial detention center the book of notes and proposals of persons inspecting the pre-trial detention center in form according to appendix 2 to these rules in which inspecting make the notes, offers and completion dates of actions for remedial action is kept.

Chapter 2. Procedure for acceptance and accommodation of suspects and persons accused on cameras

7. The basis for acceptance to the pre-trial detention center of the suspect, person accused are the judge's ruling on election of measure of restraint in the form of detention, taken out according to article 147 Code of Criminal Procedure RK.

8. Acceptance of the suspects and persons accused who arrived to the pre-trial detention center is made by round the clock duty assistant to the chief of the pre-trial detention center (further - the duty assistant) or his deputy who:

1) is checked by availability:

the procedural documents giving the grounds for acceptance of person brought to the pre-trial detention center;

identity documents of persons taken into custody which are stored in the personal record in case of need are issued to the representative of the body conducting criminal procedure by special department (part) on receipt with the subsequent return;

the certificate of birth or the documents confirming the child's birth with mother in the medical organization, adoptions (adoption), and in the absence of such documents - written specifying of person making inquiry, the investigator, the prosecutor or vessels in which production there is criminal case (for acceptance to the pre-trial detention center of the woman with the child aged up to three years).

2) conducts survey of the specified person and verifies his answers with the data specified in the personal record;

3) together with the doctor on duty, performs medical examination.

9. In cases when to the pre-trial detention center the statement from the court order about election of measure of restraint in the form of detention is submitted. The statement is certified by the signature of the official, sealed by official and is subject to replacement no later than three working days with the copy of the resolution.

10. The suspects and persons accused escorted by transit are accepted to the pre-trial detention center and go to destinations based on references according to personal records and passing lists according to Rules of accounting of persons containing in organizations of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan, approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 13, 2017 No. 107 (No. registered in the Register of state registration of regulatory legal acts 14918).

11. Suspects and persons accused concerning whom content term in inquiry period on their criminal cases expired and it is not prolonged, to the pre-trial detention center are not accepted. Persons concerning whom terms of detention expired after acceptance to the pre-trial detention center are exempted from planned convoy under the resolution of the chief of the pre-trial detention center.

12. Persons accepted to the pre-trial detention center, in day of their receipt, but no later than one days undergo primary medical examination and sanitary processing. Results of medical examination are brought in the medical out-patient record.

13. After passing of sanitary processing and receipt of results of medical examination suspects, persons accused receive bedding, and also clothes on season (in the absence of own clothes).

The minors and persons installed to the room of temporary isolation the disciplinary insulator change clothes. The clothes belonging to them are withdrawn and checked.

14. The suspects and persons accused accepted to the pre-trial detention center get acquainted under list with information on the rights and obligations, detention regime under guards, disciplinary requirements, giving the offer, statements and claims.

15. For execution of personal records, the suspects and persons accused accepted from guard (convoy) accommodate in cameras of combined department for the term of no more than one days with observance of requirements of isolation or for the term of no more than two hours to the single boxes equipped with places for sitting and artificial lighting.

16. Placement on cameras of suspects and persons accused is performed according to requirements of article 32 of the Law based on the plan of pokamerny placement for form according to appendix 3 to these rules. The administration of the pre-trial detention center takes measures for exception of contacts between them.

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