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 period of detention with security may not exceed two months during a pre-trial investigation, except in special cases provided for by this code.

     2.if it is necessary to extend a short period of detention authorized by a judge to two months, the prosecutor, one day before its end, submits to the investigating judge a corresponding application containing additional collected materials. If it is not possible to complete the investigation within a period of up to two months and there are no grounds for changing or canceling the preventive measure, the judge of the investigation is obliged to submit a reasoned application of the person conducting the pre-trial investigation of this period to the military prosecutor of the regions and garrisons, the regional transport prosecutor, the district prosecutor and – if it is not possible to complete the investigation within three months, and if it is necessary to further detain the suspect, the accused, the investigative judge may extend it for up to nine months at the request of the person carrying out the pre-trial investigation with the chief military prosecutor, the Chief transport prosecutor, the prosecutor of the region and equivalent prosecutors and their deputies.

     3. The extension of the period of detention for more than nine months, but not more than twelve months, by the investigating judge of the district and equivalent court, due to the special 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, the head of the investigative department, or the head of the investigative, operational-investigative group, who accepted the criminal case for its proceedings, is appointed by the chief military prosecutor, the Chief Transport Prosecutor, may be carried out by the prosecutor of the region and equivalent prosecutors on a reasoned request.

     4. In exceptional cases, if an investigating judge of a district court or an equivalent court extends the period of detention for more than twelve months, but not more than eighteen months, 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, the investigative unit of the central office of the criminal harassment of the Chief Military Prosecutor, the Chief Transport Prosecutor, the head of the investigative or operational investigation group, or the prosecutor who accepted the criminal case for his own proceedings, it is allowed upon a reasoned request approved by the prosecutor of the region and the prosecutor equated to him and agreed with the prosecutor general of the Republic of Kazakhstan, his deputies.

     5.further extension of the period of detention by the Guard is not allowed, the suspect or accused being detained by the guard is subject to immediate release.

     6.a petition to extend the period of detention to three months is submitted for approval to military prosecutors of Regions and garrisons, regional transport prosecutors, district (city) prosecutor and other prosecutors equated to it ten days before the end of the period of detention and is considered by the prosecutor within no more than three days from the date of its receipt.

     7.a petition for an extension of the period of custody for a period of more than three months must be submitted to the prosecutor for approval fifteen days before the end of the period of custody and considered by the prosecutor no more than five days from the date of its receipt.

     8.a petition for an extension of the period of custody for a period of more than twelve months must be submitted to the prosecutor for approval twenty days before the end of the period of custody and is considered no more than five days from the date of its receipt.

     9.upon consideration of the application for an extension of the period of detention, the prosecutor gives consent to the decision of the person carrying out the pre-trial investigation and immediately sends it to the relevant court together with the materials of the criminal case confirming the validity of the extension of the period of detention, or motivates its approval. If the prosecutor does not support the application for an extension of the period of detention, the suspect or accused is subject to release immediately after the end of the period of detention.

     10.a petition for an extension of the period of detention up to three months is submitted to the court – seven days before the end of the period of detention, a petition for an extension of the period of detention for more than three months – ten days before, a petition for an extension of the period of detention for more than twelve months – fifteen days before.

     11.during the period of familiarization with the materials of the criminal case, an application for sanctioning the period of detention of a suspect in custody must be submitted to the prosecutor for approval five days before the end of the period of detention and considered by the prosecutor no more than one day from the moment of receipt.

     During the period of familiarization with the materials of the criminal case, the prosecutor considers the application for sanctioning the period of the suspect's stay in custody, agrees with the decision of the person carrying out the pre-trial investigation and immediately sends it to the investigating judge of the district and equivalent court at the place of completion of the pre-trial investigation, together with the materials of the criminal case confirming the need to sanction the period of detention in custody. If the prosecutor does not support the request to sanction the duration of the suspect's stay in custody, 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 materials of the criminal case is submitted to the investigating judge three days before the end of the period of detention.

     13. During the period when the prosecutor examines the criminal case that has been received with a report on the completion of the pre-trial investigation and draws up an indictment, the prosecutor submits a request for authorization of the suspect's detention to the investigating judge no later than three days before the end of the period of detention.

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

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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