Article 128. Grounds for detention CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 128. Grounds for detention CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. The detention of a suspect in the commission of a criminal offense is a measure of procedural coercion applied by a criminal prosecution body in order to prevent a crime and resolve the issue of applying a preventive measure in the form of detention to him or to ensure proceedings on a criminal offense for which there are grounds to believe that a person may abscond or commit a more serious act.

2. An official of the criminal prosecution body has the right to detain a person suspected of committing a crime for which a custodial sentence may be imposed, if there are one of the following grounds::

1) when this person is caught committing a crime or immediately after it is committed;

2) when eyewitnesses (witnesses), including victims, directly identify this person as having committed a crime or detain this person in accordance with the procedure provided for in Article 130 of this Code;

3) when obvious traces of a crime are found on this person or his clothes, with him or in his home;

4) when, in accordance with the law, the materials of operational-search, counterintelligence activities and (or) secret investigative actions against a person contain reliable information about a crime committed or being prepared by him.

3. The detention of persons on suspicion of committing a crime shall be carried out after the necessary urgent investigative actions have been carried out, with the exception of the grounds provided for in paragraph 1) of the second part of this article.

4. If there is other information that gives grounds to suspect a person of committing a criminal offense, he may be detained only if that person tried to escape or when he does not have a permanent place of residence or the identity of the suspect has not been established, or when a petition has been sent to the court to authorize a preventive measure in the form of detention.

5. The period of detention of a person suspected of committing a criminal offense is calculated from the moment of actual detention and may not exceed seventy-two hours.

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