Article 574. Temporary transfer of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 574. Temporary transfer of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. If, in order to testify or participate in other procedural actions in a criminal case, the presence of a person who is in custody or serving a custodial sentence in a foreign state and is not criminally liable in this criminal case is required, the body conducting the criminal process shall prepare a petition for the temporary transfer of this person to the Republic of Kazakhstan.

2. If the requested party satisfies the request for the temporary transfer of a person, such a person must be returned after carrying out the procedural actions for which he was transferred, within the time period agreed with the foreign State.

If the agreed period of temporary transfer is insufficient, the body conducting the criminal process, no later than twenty days before its expiration, sends a request to the central body of the Republic of Kazakhstan for an extension of the specified period for approval with a foreign state.

3. The decision of the competent authority of a foreign state to detain a person or impose a custodial sentence on him is the basis for the detention in the Republic of Kazakhstan of a person who has been temporarily transferred to the Republic of Kazakhstan.

4. Temporary transfer to a foreign state of a person serving a sentence in the territory of the Republic of Kazakhstan is possible at the request of the competent authority of a foreign state in compliance with the conditions provided for in parts one and two of this article.

5. The temporary transfer of a person is carried out only with the written consent of that person.

President

Republic of Kazakhstan

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