Article 151. Terms of detention and procedure for their extension Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

 1. The term of detention during a pre-trial investigation may not exceed two months, except in exceptional cases provided for by this Code.

     2. If it is necessary to extend the detention authorized by the judge for a short period of up to two months, the prosecutor submits a corresponding petition with additional collected materials to the investigating judge one day before its expiration. If it is impossible to complete the investigation within two months and there are no grounds for changing or canceling the preventive measure, this period may be extended at the reasoned request of the person conducting the pre–trial investigation, agreed upon by the military prosecutor of the regions and garrisons, the regional transport prosecutor, the district and equivalent prosecutor - the investigating judge. – up to three months, and if it is impossible to complete the investigation within three months and, if necessary, further detain the suspect or accused at the reasoned request of the person conducting the pre–trial investigation, agreed with the Chief Military Prosecutor, the Chief Transport Prosecutor, the Prosecutor of the region and equivalent prosecutors and their deputies, the investigating judge – up to nine months..

     3. The extension of the term of detention for more than nine months, but not more than up to twelve months, may be carried out by an investigating judge of a district or equivalent court only because of the particular complexity of the case against persons suspected of committing particularly serious crimes, crimes as part of a criminal group, as well as other terrorist and (or) extremist crimes, at the reasoned request of the head of the investigative department, or the prosecutor who accepted the criminal case into his proceedings, or the head of the investigative, investigative and operational group., agreed with the Chief Military Prosecutor, the Chief Transport Prosecutor, the Prosecutor of the region and equivalent prosecutors.

     4. The extension of the term of detention for more than twelve months, but not more than eighteen months, is allowed in exceptional cases in respect of persons suspected of committing particularly serious crimes, crimes as part of a criminal group, as well as other terrorist and (or) extremist crimes, by an investigating judge of a district and equivalent court at the reasoned request of the head the investigative unit of the central office of the criminal prosecution body or the prosecutor who accepted the criminal case into his proceedings, the head of the investigative, the investigative task force, approved by the Chief Military Prosecutor, the Chief Transport Prosecutor, the Prosecutor of the region and equivalent prosecutor and agreed with the Prosecutor General of the Republic of Kazakhstan, his deputies.

     5. No further extension of the period of detention is permitted, and suspects and accused persons in custody are subject to immediate release.

     6. A request for an extension of the period of detention to three months shall be submitted for approval to the military prosecutors of the regions and garrisons, regional transport prosecutors, the district (city) prosecutor and other prosecutors equivalent to him no later than ten days before the expiration of the period of detention and shall be considered by the prosecutor no more than three days from the date of its receipt.

     7. A request for an extension of the period of detention for more than three months must be submitted to the prosecutor for approval no later than fifteen days before the expiration of the period of detention and considered by the prosecutor within no more than five days from the date of its receipt.

     8. An application for an extension of the period of detention for more than twelve months must be submitted to the prosecutor for approval no later than twenty days before the expiration of the period of detention and considered no more than five days from the date of its receipt.

     9. Having considered the request for an extension of the period of detention, the prosecutor approves the decision of the person conducting the pre-trial investigation and immediately sends it with the materials of the criminal case confirming the validity of the extension of the period of detention to the appropriate court or justifiably refuses consent. If the prosecutor fails to support the request for an extension of the period of detention, the suspect or the accused is subject to immediate release upon expiration of the period of detention.

     10. A request for an extension of the period of detention up to three months is submitted to the court no later than seven days before the expiration of the period of detention, for an extension of the period of detention for more than three months – no later than ten days, for an extension of the period of detention for more than twelve months – no later than fifteen days.

     11. A request for authorization of the period of the suspect's detention during the period of familiarization with the materials of the criminal case must be submitted to the prosecutor for approval no later than five days before the expiration of the period of detention and is considered by the prosecutor no more than a day from the moment of receipt.

     Having considered the request to authorize the period of detention of the suspect during familiarization with the materials of the criminal case, the prosecutor approves the decision of the person conducting the pre-trial investigation and immediately sends it with the materials of the criminal case confirming the need to authorize the period of detention to the investigating judge of the district and equivalent court at the place of completion of the pre-trial investigation. If the prosecutor fails to support the request to authorize the period of detention of the suspect, he is subject to immediate release from custody.

     12. A request for authorization of the period of the suspect's detention during the period of familiarization with the case materials is submitted to the investigating judge no later than three days before the expiration of the period of detention.

     13. A request for authorization of the period of the suspect's detention for the period of the prosecutor's examination of the criminal case filed with the indictment or the report on the completion of the pre-trial investigation and the preparation of the indictment shall be submitted by the prosecutor to the investigating judge no later than three days before the expiration of the period of detention.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.  

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 1, 2026, No. 331-VIII SAM 

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