Article 46-12. Requirements for participants of the national preventive mechanism of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

   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 a crime;

     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. Participants in the national preventive mechanism may also not be persons who have been released from criminal liability on non-rehabilitating grounds for committing an intentional crime; dismissed from state or military service, from service in civil protection bodies, from law enforcement and special state bodies, courts, or excluded from the bar association for negative reasons; deprived of a license to practice law.

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, as well as establishes the rights and obligations of the persons contained therein.

President    

Republic of Kazakhstan     

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