Article 44. The use of special means and gas weapons in places of detention of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises Providing Temporary Isolation from Society
1. Special means and gas weapons may be used in places of detention in the following cases::
1) to repel an attack by a suspect or accused on employees of places of detention and other persons;
2) to prevent mass riots or group violations of the established regime of detention;
3) to prevent the unlawful actions of a suspect or accused who disobeys the lawful demands of employees of places of detention or other employees of the penal enforcement system, internal affairs bodies involved in ensuring law and order;
4) to free hostages, repel attacks on buildings, premises, structures, vehicles, land plots belonging to citizens, organizations and government agencies, as well as to free them from seizure;
5) to prevent an attempt by the suspect or the accused to escape from places of detention or from under escort;
6) to prevent an attempt by the suspect or the accused to harm others or himself;
7) to detain and escort suspects, accused and convicted persons who have escaped or are evading serving a custodial sentence.
2. Special tools can be used:
1) handcuffs - in the cases provided for in subparagraphs 3), 5)-7) of paragraph 1 of this Article, in the absence of handcuffs, employees of places of detention have the right to use improvised means of binding;
2) rubber sticks - in the cases provided for in paragraphs 1)-6),
7) paragraph 1 of this Article;
3) gas weapons and tear substances - in the cases provided for in the sub-paragraphs 1)-4), 6), 7) paragraph 1 of this article;
4) light and sound distracting devices - in the cases provided for in subparagraphs 1)-4), 6) of paragraph 1 of this Article.;
5) devices for opening premises, forcibly stopping vehicles - in the cases provided for in subparagraphs 2) and 4) of paragraph 1 of this Article.;
6) water cannons, armored vehicles and other special and transport vehicles - in the cases provided for in subparagraphs 2) and 4) of paragraph 1 of this Article.;
7) service animals - in the cases provided for in subparagraphs 1)-6), 7) of paragraph 1 of this Article.
3. It is prohibited to use special means, gas weapons and fighting techniques against women, persons with obvious signs of disability, except in cases when they commit an attack that threatens the life and health of others, a group attack or armed resistance.
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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