Article 41. Requirements for participants of the national preventive mechanism of the Penal Enforcement Code of the Republic of Kazakhstan

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1. Persons cannot participate in the national preventive mechanism.:

1) having a criminal record that has not been cancelled or removed in accordance with the procedure established by law;

2) suspected or accused of committing criminal offenses;

3) recognized by the court as legally incompetent or with limited legal capacity;

4) judges, lawyers, civil servants and military personnel, as well as employees of law enforcement and special state bodies, civil protection bodies;

5) registered with a psychiatrist and (or) a narcologist.

2. Persons who have been released from criminal liability on the basis of the following points may also not be participants in the national preventive mechanism. 3), 4), 9) – 12) of the first part of Article 35 and Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing an intentional criminal offense, dismissed from state or military service, from service in civil protection bodies, from law enforcement and special government agencies, courts, or excluded from the bar association for negative reasons, deprived of a license to practice law.

The Penal Enforcement Code of the Republic of Kazakhstan dated July 5, 2014

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Republic of Kazakhstan

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