Article 48. Procedure for the release of suspects and accused persons from custody of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises Providing Temporary Isolation from Society
1. Suspects and accused persons are released from custody by the head of the administration of the place of detention upon receipt of a reasoned order from the investigator, inquirer, prosecutor or judge, or by a reasoned court order.
2. The head of the administration of the place of detention is obliged to notify the body or person in charge of the criminal case, as well as the prosecutor, no later than twenty-four hours before the expiration of the period of detention of the suspect or accused.
3. If, after the expiration of the period of detention or detention as a preventive measure established by law, an appropriate decision has been taken to release the suspect or accused or to extend the period of detention as a preventive measure, or no notification of this decision has been received, the head of the administration of the place of detention shall release him by his decree, a copy of which shall be sent within twenty-four hours to the body or person in charge of the criminal case, and the prosecutor in accordance with the Criminal Procedure Code of the Republic of Kazakhstan.
4. In case of non-compliance with the requirements of paragraph three of this article, the head of the administration of the place of detention of suspects and accused persons in custody shall bear the responsibility established by law.
5. A suspect or accused released from custody is given personal documents, belongings, money stored in his personal account, as well as a certificate stating: who authorized his detention; grounds, place and time of detention and the choice of a preventive measure; grounds and time of release. A suspect or accused released from custody by the administration of the place of detention, if necessary, is provided with passage to his place of residence by rail, road or water transport, food, as well as seasonal clothing.
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
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