Article 588. Temporary detention of a person CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. After examining the submitted materials and there are sufficient grounds to believe that the detainee is a wanted person, and in the absence of the grounds set out in Article 590 of this Code, the prosecutor submits a request for the application of temporary detention for a period of forty days to the district and equivalent court twelve hours before the expiration of the seventy-two-hour period of the person's detention. from the moment of detention or any other period established by the relevant international treaty of the Republic of Kazakhstan until the receipt of a request for his extradition.
2. The following documents are attached to the petition::
1) the protocol of the person's detention;
2) documents containing information about the commission of a crime by a person on the territory of a foreign state and the election of a preventive measure against him by the competent authority of a foreign state;
3) documents confirming the identity of the detainee.
3. The investigating judge shall immediately, but not later than seventy-two hours after the person's arrest, consider the application and issue a decision on temporary detention or refusal of temporary detention.
4. In the event of a decision to refuse temporary detention, the investigating judge simultaneously decides to detain the wanted person for the period of review of the decision at the request of the prosecutor and consideration of the case in a regional or equivalent court.
5. The appeal, review at the request of the prosecutor and verification of the legality and validity of the decision of the investigating judge shall be carried out in accordance with the procedure provided for in Article 107 of this Code.
6. The prosecutor immediately notifies the institution of a foreign State that has sent or is able to send a request for extradition (extradition), a request for extradition arrest, with a proposal on the time and place of extradition (extradition).
7. The administration of the place of detention is obliged to notify the prosecutor about this no later than ten days before the expiration of the period of detention of such a person.
8. The release of a person to whom temporary detention has been applied is carried out by the prosecutor if:
1) no extradition request has been received from the requesting party within forty days;
2) no extradition arrest has been applied for forty days;
3) circumstances have become known that exclude the possibility of extradition.
9. The release of a person does not create obstacles to applying to a court for a second request for his detention and extradition in accordance with the procedure provided for in this Code, if the request for extradition of the person is received later.
10. If a request is received for the extradition of a person before the end of the period of temporary detention, the decision of the investigating judge on temporary detention becomes invalid from the moment the investigating judge issues a decision on the application of extradition arrest in respect of this person.
The footnote. Article 588 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2017 No. 91-VI (effective after ten calendar days after the date of its first official publication); dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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