Article 140. The procedure for the application of preventive measures CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Two or more preventive measures may not be applied simultaneously to a suspect or an accused.

     2. On the application of a preventive measure, the body conducting the criminal process issues a resolution containing an indication of the criminal offense in which the person is suspected or accused, and the grounds for applying this preventive measure. A copy of the decision is handed over to the person in respect of whom it was issued, and at the same time the procedure for appealing the decision on the application of a preventive measure provided for by this Code is explained to him.

     A preventive measure is applied to a suspect only after a decision has been issued on the qualification of his act, except in the cases provided for in Article 139 of this Code.

     3. When applying a preventive measure not related to detention, one or more of the following duties may be assigned to a suspect, accused, or defendant in order to ensure proper behavior:

     1) appear before the person conducting the pre-trial investigation, the prosecutor or the court at the time set by them;

     2) not to leave a permanent or temporary place of residence without the permission of the body conducting the criminal proceedings;

     3) notify the person conducting the criminal proceedings, the prosecutor about the change of place of residence, place of work;

     4) not to communicate with certain people and visit certain places;

     5) undergo treatment for mental and behavioral disorders (diseases) related to the use of psychoactive substances;

     6) Wear electronic tracking devices.

     4. If a suspect or accused commits actions that violate the measures provided for in Articles 141, 142, 143, 144, 145 and 146 of this Code, a more stringent preventive measure is applied to them, which must be announced to the suspect or accused upon delivery of a copy of the relevant resolution. In case of violation of the measures of procedural coercion provided for in Articles 156, 165 of this Code, a preventive measure is chosen against the suspect or the accused.

The Code of Criminal Procedure, the Criminal Code, Comments to the Code of  

President    

Republic of Kazakhstan     

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