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Home / RLA / Article 17. Visits with defenders, relatives and other persons of the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

Article 17. Visits with defenders, relatives and other persons of the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 17. Visits with defenders, relatives and other persons of the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society  

     1. From the moment of detention, suspects, accused and defendants are provided with private and confidential meetings with the defense counsel. The number and duration of dates are not limited.  

     Dates are provided:  

     1) with a lawyer participating in the case as a defender – upon presentation of a lawyer's certificate and a written notice of protection (representation) provided for by the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance";

     2) with representatives of trade unions and other public associations who are defenders - upon presentation of the relevant decision of the public association or its governing body on the appointment of a defender.;  

     3) with other persons participating in the case as defenders – upon presentation of a court order, an investigator's or inquirer's decision, as well as an identity document.;

     4) with an official representative of a diplomatic mission or consular institution of a foreign state – upon presentation of a decision of the body conducting the criminal proceedings.

     2. Suspects, accused persons and defendants may be granted no more than two visits per month with relatives and other persons of up to three hours each, based on the written permission of the person or body conducting the criminal proceedings, and minors may be granted no more than three visits per month with relatives and other persons of up to three hours each.

     3. Visits with relatives and other persons are carried out under the supervision of employees of places of detention. In the event of an attempt to transfer prohibited items, substances, and food products to the suspect, accused, and defendant, or information that may hinder the establishment of the truth in a criminal case or contribute to the commission of a crime, the visits are interrupted prematurely.

     4. Excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI (for the procedure of entry into force, see art. 2).  

     5. Infectious patients (HIV/The number and duration of visits are provided in accordance with the established procedure, after a preliminary conversation with a medical professional (doctor) and written notification of the possibility of infection.  

 

 

The Law of the Republic of Kazakhstan dated March 30, 1999 No. 353-I.

     This Law defines the legal basis for the activities of special institutions and special premises that legally provide temporary isolation from society, and also establishes the rights and obligations of the persons contained therein.

 

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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