Article 139. Application of a preventive measure until a decision is made on the qualification of the suspect's act CPC RK Code of Criminal Procedure of the Republic of Kazakhstan

     1. In exceptional cases, if there are grounds provided for in Article 136 and taking into account the circumstances specified in Article 138 of this Code, a preventive measure may be applied against the suspect before a decision is made on the qualification of the suspect's act. In this case, the decision on the qualification of the suspect's act must be announced no later than ten days, and in the case of at least one of the crimes provided for in articles 173, 179, 181, 184, 255 – 268 and 272 of the Criminal Code of the Republic of Kazakhstan, no later than thirty days after the application of the preventive measure, and if the suspect has been detained, and then taken into custody, within the same period from the moment of detention. If a decision on the qualification of the suspect's act is not issued and announced within this period, the preventive measure is immediately lifted.

     2. When announcing to a suspect a decision on the qualification of his act, the issue of applying detention to him as a preventive measure is considered by the court again in accordance with the procedure provided for in Article 147 of this Code. If, twenty-four hours before the expiration of the period specified in paragraph one of this article, the head of the place of detention has not received a court order authorizing the detention of a suspect, the head of the place of detention is obliged to notify the body or person in charge of the criminal case, as well as the prosecutor. If, after the expiration of the period specified in paragraph one of this article, the relevant decisions on the cancellation of the preventive measure or the court's authorization of the detention of the accused have not been received, the head of the place of detention shall release him by his decision, a copy of which shall be sent within twenty-four hours to the body or person in charge of the criminal case and the prosecutor.

     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 shall bear the responsibility established by law.

President    

Republic of Kazakhstan     

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