Article 5-2. Grounds for placing military personnel in guardhouses and premises for temporary detainees of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises Providing Temporary Isolation from Society
1. The grounds for placing military personnel in the guardhouses:
1) the placement of persons subjected to administrative arrest is carried out on the basis of a judge's arrest order;
2) the removal of detainees on suspicion of committing criminal offenses is carried out according to the protocol of detention drawn up by the investigator or the inquirer.;
3) the placement of suspects accused of committing crimes, defendants, in respect of whom detention has been applied as a preventive measure, is carried out by order of a judge.;
4) the placement of persons sentenced to arrest is carried out on the basis of a court verdict and an order for its execution.
Military personnel sentenced to imprisonment may be held in guardhouses on the basis of a court verdict until the guilty verdict enters into force and they are sent to the penal enforcement authorities.
2. The placement of military personnel in the premises for temporary detainees is carried out on the basis of a protocol on administrative detention drawn up by an authorized official of the military police.
It is allowed to place military personnel detained on suspicion of committing criminal offenses in the premises for temporary detainees with a military police officer of the Armed Forces of the Republic of Kazakhstan in cases where delivery to the guardhouse or temporary detention facility is impossible due to remoteness or lack of proper communication routes.
The Law of the Republic of Kazakhstan dated March 30, 1999 No. 353-I.
President
Republic of Kazakhstan
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