Article 789. Terms of administrative detention of the Code of the Republic of Kazakhstan On Administrative Offenses
1. Administrative detention shall be carried out during the time necessary to achieve the goals specified in Article 785 of this Code and may last no more than three hours.
The beginning of the period of detention is the hour, to the exact minute, when the restriction of the detained person's freedom has become real, regardless of whether the detainee has been given any procedural status or other formal procedures. The term of administrative detention in relation to a person who is in a state of intoxication is from the time of his sobering up, certified by a medical professional. The end of this period is the expiration of three hours, calculated continuously from the time of the actual detention.
2. A person against whom proceedings have been initiated for illegal entry into protected facilities, violation of the legislation of the Republic of Kazakhstan in the field of population migration, violations of the regime of the State Border of the Republic of Kazakhstan, border and customs regimes or the regime at checkpoints across the State Border of the Republic of Kazakhstan and the customs border of the Eurasian Economic Union, as well as an administrative offense on the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan, may be detained, if necessary, to establish the identity and clarify the circumstances of the offense for up to forty-eight hours, with a written notification to the prosecutor within twenty-four hours from the moment of detention. Persons who violate the procedure established in connection with the imposition of a curfew in an area where a state of emergency or martial law has been declared may be detained by law enforcement officers (police) or military patrols until the end of the curfew, and those who do not have documents with them may be detained until their identity is established. for more than forty-eight hours.
3. A person against whom proceedings have been initiated in a case of an administrative offense entailing administrative arrest as one of the measures of administrative punishment may be subjected to administrative detention until the case of an administrative offense is considered, but not more than twenty-four hours.
President
Republic of Kazakhstan
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