Article 133. Grounds for the release of a person detained on suspicion of committing a criminal offense CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 133. Grounds for the release of a person detained on suspicion of committing a criminal offense CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. A person detained on suspicion of committing a criminal offense is subject to release by order of the person conducting the pre-trial investigation or the prosecutor, if:

1) the suspicion of committing a criminal offense has not been confirmed;

2) there are no grounds for applying to the detainee a preventive measure in the form of detention or punishment in the form of arrest or expulsion from the Republic of Kazakhstan;

3) the detention was carried out in significant violation of the requirements Article 131 of this Code;

4) there were no legal grounds for detention.

2. If, within forty–eight hours, and in the case of minors, within twenty–four hours from the moment of actual detention, the head of the place of detention of the detainee has not received a court order authorizing the detention of the suspect, the head of the place of detention of the detainee, with the exception of the cases provided for in paragraphs 1) - 6) of part four of Article 131 of this Code, immediately releases him by his decision and notifies the person in charge of the case and the prosecutor about it.

In the cases provided for in paragraphs 1) – 6) of part four of Article 131 of this Code, the head of the place of detention of the detainee shall immediately release him by his decision and notify the person in charge of the case and the prosecutor thereof, if he has not received a court order authorizing the detention of the suspect within seventy-two hours from the moment of actual detention.

3. In case of non-compliance with the requirements of the second part of this article, the head of the administration of the place of detention of the detainee shall bear the responsibility established by law.

4. Upon the release of a detainee, the latter is given a certificate indicating by whom he was detained, the grounds, place and time of detention, delivery, grounds and time of release.

5. In the cases provided for in paragraphs 3) and 4) of part one of this article, data obtained as a result of investigative actions carried out with the participation of a detainee during or after unlawful detention shall be deemed inadmissible as evidence.

The footnote. Article 133 as amended by the Law of the Republic of Kazakhstan dated December 21, 2017 No. 118-VI (effective ten calendar days after the date of its first official publication).

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