Article 147. Detention of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 147. Detention of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. Detention as a preventive measure is applied only with the approval of a judge and only in relation to a suspect, accused, or defendant in a crime for which the law provides for a penalty of imprisonment for a period of more than five years, if it is impossible to apply other, less stringent preventive measures. In exceptional cases, this preventive measure may be applied against a person suspected, accused, or accused of committing a crime for which the law provides for a penalty of up to five years' imprisonment if:

1) he does not have a permanent place of residence in the territory of the Republic of Kazakhstan;

2) his identity has not been established;

3) he violated a previously chosen preventive measure or a measure of procedural coercion;

4) he tried to escape or escaped from the authorities of criminal prosecution or court;

5) he is suspected of committing a crime as part of an organized group or criminal community (criminal organization);

6) he has a criminal record for a previously committed grave or especially grave crime;

7) there is evidence of his continued criminal activity.

1-1. The circumstance provided for in paragraph 1) According to the first part of this article, it cannot be the only reason for choosing a preventive measure in the form of detention.

2. If it is necessary to choose detention as a preventive measure, the person conducting the pre-trial investigation, in accordance with Article 140 of this Code, issues a resolution to initiate a petition to the court for authorization of the application of this measure. The resolution is accompanied by certified copies of the materials of the criminal case confirming the validity of the petition.

The person conducting the pre-trial investigation, in the decision to initiate a petition before the court for the sanction of detention, is obliged to substantiate the reasons for choosing this preventive measure and the impossibility of applying less stringent preventive measures.

During the period of detention of a person suspected of committing a criminal offense, in accordance with the procedure provided for in Article 131 of this Code, the prosecutor has the right to familiarize himself with the materials of the criminal case confirming the validity of the petition, and has the right to interrogate the suspect at his place of detention.

3. Based on the results of studying the petition of the person conducting the pre-trial investigation, the prosecutor agrees with the petition or refuses to support it with a reasoned decision and (or) decides on the choice of another preventive measure. A copy of the resolution is sent to the interested parties.

No later than eight hours before the expiration of the period of detention, the prosecutor must submit to the investigating judge a decision on the initiation of a petition for the authorization of detention, accompanied by copies of the materials of the criminal case confirming the validity of the petition.

4. Excluded 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). The footnote. Article 147 as amended by the Laws of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (effective from 01.01.2015); dated 03.07.2017 No. 84-VI (effective after ten calendar days after the date of its first official publication); dated 21.12.2017 No. 118-VI (effective after ten calendar days after the day of its first official publication); dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication); dated 27.12.2019 No. 292-VI (for the procedure of entry into force, see art.2).

President

Republic of Kazakhstan

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