Article 16-3. The use of weapons and military equipment by employees of the foreign intelligence agency of the Law on Foreign Intelligence

Home / RLA / Article 16-3. The use of weapons and military equipment by employees of the foreign intelligence agency of the Law on Foreign Intelligence

1. Employees of the foreign intelligence agency have the right to use weapons and military equipment as a last resort in the following cases::

1) to repel attacks on citizens, protected persons, as well as persons whose protection and protection is entrusted to employees of the foreign intelligence agency;

2) to repel attacks on buildings, structures, premises and other objects and vehicles protected by the foreign intelligence agency;

3) to repel attacks on employees of the foreign intelligence agency, their family members, and other persons involved in security measures by this agency, as well as to prevent attempts to seize weapons, vehicles, special equipment, and military equipment of the foreign intelligence agency.;

4) to protect citizens from criminal encroachment, as well as the release of hostages, seized protected facilities, structures and special cargo;

5) to detain persons caught in the commission of a crime or immediately after its commission, who offer armed resistance, as well as an armed person who refuses to comply with a legal requirement to surrender weapons, ammunition, explosives, toxic and radioactive substances with him;

6) to neutralize and detain persons whose totality of external signs and actions indicates the existence of a real threat to the life and health of other citizens, protected persons and employees of the foreign intelligence agency;

7) to prevent the escape from places of detention of suspects and accused of committing crimes or the escape from under escort of persons detained on suspicion of committing a crime, persons against whom a preventive measure has been applied in the form of detention, sentenced to imprisonment, as well as to prevent attempts to forcibly release these persons;

8) to stop a vehicle if the driver poses a real danger to the life and health of protected persons and refuses to stop at the request of an employee of the foreign intelligence agency;

9) to protect against animal attacks;

10) to sound an alarm or call for help;

11) in cases of necessary defense and extreme necessity.

2. It is prohibited to use weapons against protected persons, as well as against women, persons with obvious signs of disability and minors, except in cases where there is a real threat to the health and life of citizens, employees of a foreign intelligence agency, as well as when they commit an armed attack, armed resistance, group attacks, hostage-taking, facilities, vehicles, including aircraft.

3. In all cases of the use of weapons, employees of the foreign intelligence agency are required to take the necessary measures to ensure the safety of surrounding citizens and provide emergency medical care to victims, and report the use of weapons to their immediate superior.

4. The prosecutor is informed within twenty-four hours about each case of the use of weapons, special means, or physical force that has resulted in the death of people or other grave consequences.

5. The list of types of weapons, military equipment and ammunition kits in service with the foreign intelligence agency is approved by the Government of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated May 22, 2010 No. 277-IV.

This Law defines the status, competence and organization of activities of foreign intelligence entities of the Republic of Kazakhstan and members of the intelligence community of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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