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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, special rooms providing temporary isolation from society

(as amended on 19-12-2020)

This Law determines the legal basis of activities of special facilities, the special rooms 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, the foreigners and stateless persons which are subject to expulsion forcibly;

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

2-1) special room - the room intended for short-term restriction of personal liberty of physical person, the representative of the legal entity, the official for the term established by the law for the purpose of suppression of administrative offense or ensuring administrative production;

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 consisting in temporary isolation in special facility of law-enforcement bodies:

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 in case of impossibility of identification of such persons in other ways;

the foreigners and persons without citizenship which are subject to expulsion forcibly based on the sentence which took legal effect, the decision, the court order, and who equally did not leave the territory of the Republic of Kazakhstan in time, specified in court resolution about expulsion;

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, special rooms

Content of persons in special facilities, special rooms 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, special rooms

Content in special facilities, special rooms 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;

2) the room in temporary detention center of the criminal offenses detained on suspicion of making is performed under the protocol of detention constituted by the investigator or the investigator.

The room in temporary detention center of suspects, persons accused, defendants to whom as measure of restraint detention is applied is performed under the judge's ruling in cases when delivery to the pre-trial detention center is impossible because of remoteness or lack of proper means of communication.

In cases when the minor suspect under the terms of life and education cannot be left on the former residence, he according to the procedure, stipulated in Article 540 Codes of penal procedure of the Republic of Kazakhstan, can be placed in the organization performing according to the law of function on protection of the rights of the child;

3) the room in temporary detention centers, special receivers of persons subjected to administrative detention is performed based on the judge's ruling on arrest;

3-1) room in the special receiver of the foreigners and stateless persons who are subject to expulsion forcibly based on the sentence which took legal effect, the decision, the court order, and equally did not leave the territory of the Republic of Kazakhstan in time, specified in court resolution about expulsion are performed based on the resolution of law-enforcement bodies on preventive restriction of freedom of travel authorized by court. Preventive restriction of freedom of travel of such persons is allowed at the same time for the term necessary for the organization of their expulsion out of limits of the Republic of Kazakhstan, but no more than for thirty days;

4) the room in the receiver distributor of persons which are not taking certain residence and (or) identity documents is performed based on the resolution of law-enforcement bodies authorized by court.

Article 5-1. The basis of settlement of person to the special room

The settlement of person to the special room is performed based on the protocol on administrative detention constituted by the authorized officer.

Article 6. Legal status of persons containing in special facilities, special rooms

1. Persons containing in special facilities, special rooms have the rights and freedoms, and also perform the duties established for citizens of the Republic of Kazakhstan with the restrictions provided by the Constitution and the laws of the Republic of Kazakhstan.

2. The foreigners and stateless persons containing in special facilities, special rooms have the rights and freedoms, and also perform the duties established for citizens of the Republic of Kazakhstan if other is not provided by the Constitution, the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

Article 7. Places of detention of persons, the suspects accused of crime execution

1. Places of detention of suspects and persons accused are:

1) pre-trial detention centers of criminal executive system and bodies of homeland security of the Republic of Kazakhstan;

2) temporary detention centers of law-enforcement bodies, homeland security of the Republic of Kazakhstan.

2. In the cases provided by this Law, organizations of criminal executive system and guardroom can be places of detention of suspects and persons accused.

3. In cases when detention on suspicion of making of criminal offense is performed according to the Code of penal procedure of the Republic of Kazakhstan the captains of ocean ships who are in long voyage, chiefs of territorial subdivisions of the Border service of Committee of homeland security of the Republic of Kazakhstan, the commandant of the area, suspects contain in rooms which are determined by the specified officials and are specially adapted for content of suspects.

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