Article 788. Procedure of administrative detention of the Code of the Republic of Kazakhstan On Administrative Offences
1. A protocol on administrative detention shall be drawn up. The protocol shall specify the date, time (to the minute) and the place where it was drawn up; the position, surname and initials of the person who drew up the protocol; information about the identity of the detainee; time, place and grounds for detention. The protocol is signed by the official who drafted it and the detainee. If the detainee refuses to sign the protocol, a record of this is made in it. A copy of the detention report is given to the person detained for committing an administrative offense.
2. At the request of a person detained for committing an administrative offense, his relatives, the administration at his place of work or study, a defender, as well as the embassy, consulate or other representative office of a foreign state are immediately notified of his location in accordance with the procedure established by the legislation of the Republic of Kazakhstan. Notification of the detention of a minor to his parents or persons replacing them is mandatory.
3. The military unit and military police bodies within their competence, in which the detainee is undergoing military training (military service), are immediately notified of the administrative detention of a serviceman of the Republic of Kazakhstan called up for military training.
4. At the time of detention, the grounds for the restriction of his freedom, his rights and duties provided for in this Code are explained to the person, and a corresponding entry is made in the protocol on administrative detention.
5. Failure to explain the grounds for the restriction of his freedom, his rights and obligations is a significant violation of the proceedings on an administrative offense and entails liability provided for by the legislation of the Republic of Kazakhstan.
6. A person detained in accordance with the procedure established by this Code is subject to immediate release if the circumstances that served as the basis for his detention disappear.
7. Persons subjected to administrative detention are kept in specially designated premises that meet sanitary requirements and exclude the possibility of their unauthorized abandonment.
8. The conditions of detention of persons subjected to administrative detention, the norms of nutrition and the procedure for medical care of such persons are determined by the executive authorities.
9. Minors who have been subjected to administrative detention are kept separate from adults.
President
Republic of Kazakhstan
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