Article 5. Grounds for placing persons in special institutions of the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises Providing Temporary Isolation from Society

Home / RLA / Article 5. Grounds for placing persons in special institutions of the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises Providing Temporary Isolation from Society

Article 5. Grounds for placing persons in special institutions of the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises Providing Temporary Isolation from Society

Grounds for placing persons in special institutions:

1) the placement in a pre-trial detention facility of suspects and accused of committing crimes, in respect of which detention has been chosen as a preventive measure, is carried out by a judge's order.;

2) the placement in a temporary detention facility of detainees on suspicion of committing criminal offenses is carried out according to a detention protocol drawn up by an investigator or an inquirer.

The placement of suspects, accused persons, and defendants in a temporary detention facility, in respect of whom detention has been applied as a preventive measure, is carried out by order of a judge in cases where delivery to a pre-trial detention facility is impossible due to remoteness or lack of proper means of communication.

In cases where a minor suspect cannot be left at his former place of residence due to living and upbringing conditions, he may be placed in an organization that performs the functions of protecting the rights of a child in accordance with the law, in accordance with the procedure provided for in article 540 of the Criminal Procedure Code of the Republic of Kazakhstan.;

Note from <url>! Subparagraph 3) is amended by the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective sixty calendar days after the date of its first official publication).

3) placement in temporary detention facilities, special receivers and distribution receivers of persons subjected to administrative arrest is carried out on the basis of a judge's arrest order.;

3-1) placement in a special reception of foreigners and stateless persons who are subject to forced expulsion on the basis of a verdict, decision, court order that has entered into force, as well as those who have not left the territory of the Republic of Kazakhstan within the time period specified in the judicial act on expulsion, is carried out on the basis of a resolution of the internal affairs bodies on preventive restriction of freedom of movement, sanctioned by the court. Preventive restriction of the freedom of movement of such persons is allowed for the period necessary to organize their expulsion from the Republic of Kazakhstan, but not more than thirty days.;

4) placement in the receiver-distributor of persons who do not have a specific place of residence and (or) identity documents is carried out on the basis of a resolution of the internal affairs bodies authorized by the court.

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.

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