Article 152. Consideration by the investigating judge of a petition for an extension of the period of detention and the calculation of the terms of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. An application for an extension of the period of detention is subject to consideration by the investigating judge alone. The prosecutor must participate in the court session. The meeting may also be attended by a defense lawyer, the legal representative of the suspect, the victim, his legal representative and a representative, whose failure to appear, upon timely notification of the time of consideration of the petition, does not prevent their judicial review.

     The court has the right to recognize it necessary to participate in the consideration of the issue of extending the period of detention of the person about whom the petition is submitted, and to entrust the body conducting the investigation with his delivery to the court session.

     The person whose detention is requested by the prosecutor has the right to participate in the court session, in which case the court has the right to entrust the body conducting the investigation with his delivery to the court session.

     2. At the beginning of the hearing, the investigating judge announces which petition is to be considered, explains to the persons who have appeared their rights and obligations, then, after hearing the arguments of the parties on the submitted petition regarding the need to leave the preventive measure in the form of detention, makes one of the following decisions on:

     1) satisfaction of the request for an extension of the period of detention of the suspect, the accused;

     2) the refusal to satisfy a request for an extension of the period of detention of a suspect or accused and the cancellation or change of a preventive measure to a less severe one and their release from custody.

     3. An application for an extension of the period of detention is subject to consideration within a period not exceeding three days from the date of receipt of the application.

     4. The head of the administration of the place of detention is obliged to notify the body or person in charge of the criminal case, as well as the prosecutor, no later than twenty-four hours before the expiration of the period of detention of the suspect or the accused. If, after the expiration of the period of detention established by law, the relevant decision on the release of the suspect or accused or on the extension of their detention has not been received, the head of the administration of the place of detention shall release them by his decision, a copy of which shall be sent within twenty-four hours to the body or person in charge of the criminal case and the prosecutor.

     5. In case of non-compliance with the requirements of part four of this article, the head of the administration of the place of detention shall bear the responsibility established by law.

     6. The period of detention is calculated from the moment the suspect is taken into custody until he is notified of the end of the investigative actions and the clarification of the right to familiarize himself with the materials of the criminal case. The period of detention includes the time of a person's detention as a suspect, forced stay in a psychiatric or other medical organization by a court decision.

     The detention of a suspect during the period of familiarization of him and the defender with the materials of the criminal case is authorized and extended by the investigating judge in accordance with the procedure provided for in Articles 148, 151 of this Code.

     The presence of a suspect in custody during the period of familiarization of him and the defender with the materials of the criminal case is not included in the time period established by parts one to four of Article 151 of this Code, but is taken into account by the court when imposing punishment.

     7. A request to authorize the period of detention of a suspect during the familiarization of him and his defense counsel with the materials of the criminal case, as well as during the study by the prosecutor of the criminal case received with the report on the completion of the pre-trial investigation, is subject to consideration in the manner and within the time limits provided for in this article.

     The period of the suspect's detention during the period of familiarization with the materials of the criminal case, as well as during the period of the prosecutor's study of the criminal case received with the report on the completion of the pre-trial investigation, is determined by the investigating judge, taking into account the volume of the criminal case, the number of persons involved in the case and other circumstances affecting the time of familiarization with the case of the suspect and his defense counsel, and also, the prosecutor will study the criminal case and draw up an indictment.

     The footnote. Part seven – as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-VII (regarding the preparation by the person conducting the pre-trial investigation of a report on the completion of the pre-trial investigation, the preparation by the prosecutor of the indictment and the recognition of the person as an accused from the moment the prosecutor draws up the indictment, which are effective: from January 1, 2022 in relation to cases of particularly serious crimes investigated by investigators of the internal affairs bodies, the anti-corruption service and the economic investigation service, including those connected with cases of other criminal offenses;      from January 1, 2023, in relation to cases of corruption crimes provided for in paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those connected with cases of other criminal offenses; from January 1, 2024, in relation to cases of other criminal offenses completed in the form of a preliminary investigation).

     8. If the prosecutor returns the criminal case for an additional investigation, for which the maximum period of detention of the suspect has not expired, and there are no grounds for changing the preventive measure, the period of detention may be extended by the investigating judge within one month at the reasoned request of the prosecutor.

     When the court returns the criminal case to the prosecutor on the grounds provided for by this Code, in cases where the maximum period of detention of the accused has not expired and there are no grounds for changing the preventive measure, the same court shall extend the period of detention within one month from the date of receipt of the case by the prosecutor.

     9. In the case of repeated detention of a suspect or accused in the same case, as well as in a related or separate criminal case, the period of detention is calculated taking into account the time spent in custody.

     10. In the case of extradition (extradition) to the Republic of Kazakhstan by a foreign state of the wanted person, the period of detention is calculated from the date of his arrival in the territory of the Republic of Kazakhstan, and the time of detention of the person in the order of extradition arrest in the territory of a foreign state is counted in the sentencing of the total period of detention.

     11. The procedure for calculating and extending the period of detention of a suspect or accused, established by this article, shall also apply if a sentence is overturned as a result of proceedings in the cassation instance or due to newly discovered circumstances in respect of a person serving a custodial sentence.

     The footnote. Article 152 as amended by the Laws of the Republic of Kazakhstan dated 31.10.2015 No. 378-V (effective from 01.01.2016); dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication); dated 27.12.2021 No. 88-VII (for the procedure of entry into force, see art. 2).

President    

Republic of Kazakhstan     

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