Document from CIS Legislation database © 2003-2017 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 1999 No. 353-I

About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society

(The last edition from 11-07-2017)

This Law determines the legal basis of activities of the special facilities providing on legal causes temporary isolation from society and also establishes the rights and obligations of persons containing in them.

Chapter 1. General provisions

Article 1.

It is excluded

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the special receiver - the special facility of law-enforcement bodies intended for acceptance and content of persons subjected to administrative detention;

2) special facilities - the pre-trial detention center, temporary detention center, the receiver distributor, the special receiver;

3) person subjected to administrative detention - person concerning whom the court issues the decree on imposing of administrative detention;

4) person which is not taking certain residence - person which does not have registration at the place of residence or dwellings in the territory of the Republic of Kazakhstan;

5) the solitary confinement - the special room intended for content of one person who is held in custody for the purpose of the most complete and its strict isolation;

6) preventive restriction of freedom of travel - the measure of individual prevention of offenses concerning person which is not taking certain residence and (or) identity documents consisting in its temporary isolation in special facility of law-enforcement bodies;

7)  No. 58-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 18.04.2017;

8) the receiver distributor - the special facility of law-enforcement bodies intended for acceptance and content of persons which are not taking certain residence and (or) identity documents in case of absence in their actions of signs of criminal and administrative offenses and impossibility of establishment of their personality by different ways;

9) the camera - the room for content of persons placed in the receiver distributor, the special receiver, temporary detention center, the pre-trial detention center;

10) detention is the temporary isolation of persons established by the laws of the Republic of Kazakhstan from the sanction of court in special facilities;

10-1) disciplinary insulator - the camera intended for content of one person who made malicious violation of established procedure of detention;

11) the pre-trial detention center - the special facility intended for content:

suspects and persons accused of crime execution concerning whom as measure of restraint detention is chosen;

convicts to arrest;

convicts to imprisonment;

the convicts to imprisonment left or directed for performance of works on economic servicing;

the convicts who arrived from organizations according to Article 88 of the Penitentiary code of the Republic of Kazakhstan;

11-1) room of temporary isolation - the camera intended for content of the minors who made violation of established procedure of detention;

12) temporary detention center - the special facility intended for detention of persons detained on suspicion of making of criminal offenses, and also the faces subjected to administrative detention of cases stipulated in Item the 5th article 46-6 of this Law.

Article 3. Purposes of content of persons in special facilities

Content of persons in special facilities is performed for the purpose of execution of the measures provided by the laws of the Republic of Kazakhstan.

Article 4. The principles of content in special facilities

Content in special facilities is performed according to the principles of legality, presumption of innocence, equality of citizens before the law, humanity, respect of honor and advantage of the personality, rules of international law and shall not be followed by the actions aiming at causing physical or moral sufferings by the suspect and person accused of making of crimes containing in special facilities.

Article 5. Foundations of the placement of persons to special facilities

Foundations of the placement of persons to special facilities:

1) the placement to the pre-trial detention center of suspects and the crimes accused of making concerning which as measure of restraint detention is chosen is performed under the judge's ruling;

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