Article 541. Detention and application of preventive measures to minors CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. A minor may be detained and a preventive measure may be applied to him in accordance with the procedure provided for by this Code. A preventive measure in the form of detention is not applied to minor suspects accused of committing a criminal offense, a crime of minor or moderate severity.
2. When choosing the type of preventive measure against a minor suspect accused of committing a grave or especially grave crime, it is necessary to take into account, in addition to the circumstances specified in Article 138 of this Code, the living conditions and upbringing of a minor, his age and degree of intellectual, volitional and mental development, characteristics of character and temperament, needs and interests, influence on the minor adults and other minors, whether the minor has a mental disorder that does not exclude sanity, and other circumstances, objectively characterizing the personality of a minor.
3. A preventive measure in the form of detention is applied to a minor only in cases where other preventive measures cannot be applied due to the circumstances of the case.
4. Minors who have been subjected to a preventive measure in the form of detention are kept separately from adults. The term of detention of minors during pre-trial proceedings may not be extended in accordance with the procedure provided for by this Code for a period of more than six months.
5. His parents or other legal representatives, and in their absence, close relatives and (or) guardianship authorities, are immediately notified of the detention, the choice of a measure in the form of detention or the extension of the period of detention of a minor.
President
Republic of Kazakhstan
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