Article 12. Ensuring personal safety the Criminal executive code of the Republic of Kazakhstan

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1.if there is a threat to the life, health or dignity of the convicted person by convicted persons and other persons, he has the right to apply in writing or orally to any employee of the institution or body executing the sentence with a request to eliminate the threat.

An employee of the institution or body executing the sentence is obliged to take immediate measures to eliminate the threat, including by transferring and removing the convicted person from a safe place.

If the administration of the institution or body executing the punishment establishes a threat to the life, health or dignity of the convicted person, they immediately take measures to eliminate it, including by transferring the convicted person to a safe place, regardless of his consent or disagreement.

2. If a threat is identified to two or more convicted persons, the administration of the institution or body executing the sentence shall immediately take measures to move the source of the threat to a safe place, regardless of its agreement or disagreement.

3.transfer of a convicted person to a safe place is made by the resolution of the head of the institution or body executing the sentence for a period of up to thirty days. A copy of the decision on the transfer of the convicted person to a safe place is sent to the prosecutor no later than the next working day.

In the absence of the head, the decision to transfer the convicted person to a safe place is made by the duty assistant to the head of the institution or body executing the sentence before his arrival, but not more than twenty-four hours.

4.the extension of the stay of the convicted person in a safe place for a period of up to thirty days is carried out by the resolution of the head of the institution or body executing the sentence, agreed with the prosecutor.

5.if the threat specified in parts one and two of this article persists, the administration of the institution or body executing the sentence is obliged to take measures to send the convicted person to another institution or body executing the sentence for further serving of the sentence.

6.a convicted person transferred to a safe place shall serve his sentence in the conditions of detention determined for him before being transferred to a safe place.

7.the head of the institution or body executing the sentence is obliged to provide assistance to the bodies that make decisions on the application of security measures and implement them in relation to the convicted person who is a participant in criminal proceedings.

8.disciplinary isolation cells, temporary isolation rooms, and solitary confinement cells may be used as safe places in institutions.

9.in the absence or elimination of the threat specified in the first or second parts of this article, the administration of the institution or body executing the sentence shall cease to keep the convicted person in a safe place. Termination of the detention of a convicted person in a safe place is issued by a resolution of the head of the institution or body executing the sentence in agreement with the prosecutor.

Law of the Republic of Kazakhstan dated 5 July 2014 № 234-V.

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Republic of Kazakhstan

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