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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2014 No. 1369

About approval of Rules, conditions and bases of application of electronic means of tracking

According to part four of Article 137 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules, conditions and the bases of application of electronic means of tracking.

2. This resolution becomes effective since January 1, 2015 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 24, 2014 No. 1369

Rules, conditions and bases of application of electronic means of tracking

1. General provisions

1. These rules, conditions and the bases of application of electronic means of tracking (further - Rules) are developed according to part four of Article 137 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (further - the Code of Criminal Procedure) and determine procedure, conditions and the bases of application of electronic means of tracking concerning suspects, persons accused, defendants.

2. Additional restriction in the form of application of electronic means of tracking can be used concerning persons to whom measures of restraint, the stipulated in Article 137 Codes of Criminal Procedure, except for transfers of the serviceman under observation of command of military unit and detention are chosen.

3. Application of electronic means of tracking, check and receipt of information on the location of the suspect, the person accused, defendant are performed by the division (further - division) determined by the head of the body conducting criminal procedure.

2. Procedure for application of electronic means of tracking

4. The body, leading criminal, process can apply additional restriction as when electing measure of restraint, and emergence of the bases, stipulated in Item 20 these rules. At the same time in the resolution on application of measure of restraint the mark about application of electronic means of tracking becomes and their purpose, need of application, including effect of abuse of regulations of their use are explained to the suspect, the person accused, the defendant.

The explanation to the minor suspect, the person accused, the defendant is carried out in the presence of his legal representatives or guardianship and custody body.

Obligations and restrictions of the suspect, the person accused, the defendant are determined by the criminal procedure legislation.

5. In case of the solution of question of application of electronic means of tracking the body conducting criminal procedure directs the suspect accused on medical examination for establishment of the general state of health and lack of contraindications at it in case of their application and also takes away from him the receipt on lack of threat to the state of health of persons living with it jointly.

6. For installation of electronic means of tracking and further control of the suspect, the person accused, the defendant the body conducting criminal procedure in which production there is criminal case within twenty four hours from the moment of pronouncement of the resolution on election of measure of restraint using electronic means of tracking sends the following documents to division:

1) the copies of resolutions on qualification of act, except as specified, the stipulated in Article 139 Codes of Criminal Procedure, and application of measure of restraint certified by seal of the body conducting criminal procedure;

2) the reference on criminal case including information about:

the committed crime;

defender of the suspect, person accused;

finding of the suspect, person accused, defendant on accounting in specialized agencies of health care;

contact telephone numbers of the investigator or investigator or replacement his face in which production there is criminal case;

data on residence, criminal record, place of employment or studies of the suspect, person accused, defendant;

3) copy of the identity document of the suspect, person accused, defendant, stipulated in Article 300 Codes of Criminal Procedure.

7. The division after receipt of the documents provided in Item 6 of these rules without delay starts execution of the resolution of the body conducting criminal procedure namely:

1) performs installation, issue and activation of electronic means of tracking in the place of execution of measure of restraint of the suspect, person accused, defendant;

2) draws up the delivery-acceptance certificate of electronic means of tracking with the suspect, the person accused, the defendant;

3) explains to the suspect, the person accused, the defendant under list the instruction sheet of security measures and service regulations of the established electronic means of tracking. The explanation is carried out by the minor suspect, the person accused, the defendant in the presence of legal representatives, the defender or guardianship and custody body;

Without delay sends 4) after registration of the resolution and registration of the suspect, the person accused, the defendant to the body leading criminal procedure, the notice on adoption of the resolution to execution.

8. Employee of division:

1) is performed by permanent information collection with use of data of the panel of monitoring on observance by the suspect, the person accused, the defendant of the established obligations and restrictions;

2) in case of technical malfunctions of electronic means of tracking takes measures for establishment of the reasons and their elimination;

3) in case of receipt of information on the facts of damage, unauthorized renting by the suspect, the person accused, the defendant of electronic means of tracking, violations of obligations and restrictions, and also technical malfunctions (refusals and failures in work) without delay reports on the chief of division and the body conducting criminal procedure, and in its absence - to the head or control room of body. Within twenty four hours sends to the body conducting criminal procedure the written notice for acceptance of adequate measures including for the organization of search actions;

4) in case of receipt of signal of damage, shutdown or unauthorized renting by the suspect, the person accused, the defendant of electronic means of tracking without delay will be organized by departure of employees to the place of execution of measure of restraint, for check of their operability.

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