Article 14. Inviolability of the person of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. No one may be detained on suspicion of committing a criminal offense, detained or otherwise deprived of liberty except on the grounds and in accordance with the procedure established by this Code.

     2. Detention and house arrest are permitted only in the cases provided for by this Code and only with the approval of a court, granting the prisoner in custody or house arrest the right of judicial appeal.

     A person may be detained for a period of no more than forty–eight hours without court approval, and a minor for a period of no more than twenty-four hours, except in cases where this Code expressly provides for the admissibility of detaining a person without court approval for a period of no more than seventy-two hours.

     The compulsory placement of a person who is not in custody in a medical organization for the conduct of forensic psychiatric and (or) forensic medical examinations is allowed only by a court decision.

     3. Each detainee is immediately informed of the grounds for his detention, as well as of what act he is suspected of committing under the criminal law.

     4. A court, criminal prosecution authorities, the head of the administration of a place of detention, or a medical organization must immediately release an unlawfully detained or detained person, or illegally placed in a medical organization, or detained for more than the period prescribed by law or sentence.

     5. No one participating in criminal proceedings may be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

     6. No one may be involved in procedural actions that endanger a person's life or health. Procedural actions violating the inviolability of a person may be carried out against the will of a person or his legal representative only in cases and in accordance with the procedure expressly provided for by this Code.

     7. The detention of a person in custody, as well as a person detained on suspicion of committing a criminal offense, must be carried out in conditions that exclude a threat to his life and health.

     8. Harm caused to a citizen as a result of unlawful deprivation of liberty, detention in conditions dangerous to life and health, or ill-treatment of him, is subject to compensation in accordance with the procedure provided for by this Code.

President    

Republic of Kazakhstan     

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