Comment to article 101. Procedure for sending complaints of persons detained or in custody The Criminal Procedure Code of the Republic of Kazakhstan

1 The administration of places of pre-trial detention is obliged to immediately transmit to the body conducting the criminal proceedings the complaints addressed to it by persons detained on suspicion of committing a criminal offense or detained as a preventive measure.

2 Complaints of persons detained or in custody about torture and other cruel, inhuman or degrading treatment, as well as about the actions or decisions of the investigator, inquirer, head of the body of inquiry, the administration of places of detention is obliged to immediately transfer to the prosecutor, and complaints about the actions and decisions of the prosecutor – to a higher prosecutor. No later than 24 hours after their receipt, the administration of the places of detention transmits other complaints to the person or body in charge of the case.

1. The norm of the article regulates the procedure for considering complaints of persons detained or detained.

Complaints against the actions and decisions of the court, the inquirer, the head of the body of inquiry, the investigator or the prosecutor are sent immediately. Responses to suggestions, statements, and complaints are announced to suspects and accused persons against receipt and attached to personal files.

Article 101 of the CPC establishes the obligation of the administration of the place of detention to immediately send to the prosecutor or to the court the complaints of the suspect or accused in custody addressed to them.

2. Complaints addressed to the prosecutor are not subject to censorship in court and are sent to the addressee in a sealed package no later than the working day following the day of submission of the proposal, application or complaint. Complaints against the actions and decisions of the court, the person conducting the inquiry, the investigator or the prosecutor are sent in accordance with the procedure provided for by the Code of Criminal Procedure, no later than three days from the date of their submission. At the request of suspects and accused persons, at the expense of their funds, the administration of the place of detention makes a copy of the response and issues it in their hands. The answers to the oral statements of the suspects and the accused are announced to them within 24 hours. If an additional check is ordered, the response will be given within five days. It is prohibited to prosecute suspects and accused persons in any form for making suggestions, statements or complaints in connection with violations of their rights and legitimate interests. Officials of places of detention responsible for such harassment are liable in accordance with the law.

Detainees and detainees file complaints through the administration of the place of pre-trial detention.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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