Article 36. Detention of a person who has committed an infringement of the Code of the Republic of Kazakhstan On Administrative Offenses
1. It is not an administrative offense to commit an act provided for in this Code when detaining a person who has committed an unlawful encroachment in order to deliver this person to state authorities and prevent him from committing new encroachments, if it was not possible to detain such a person by other means and the necessary measures were not exceeded.
2. Exceeding the measures necessary to detain a person who has committed an encroachment is recognized as their obvious inconsistency with the nature and degree of danger of the encroachment committed by the detained person and the circumstances of the detention, when clearly excessive harm is unnecessarily inflicted on the person, not caused by the situation. Such an excess entails administrative liability only in cases of intentional harm.
3. Along with specially authorized persons, victims and other individuals also have the right to detain a person who has committed an encroachment.
President
Republic of Kazakhstan
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