Comment to article 474. Granting relatives a visit with a convicted person The Criminal Procedure Code of the Republic of Kazakhstan

Prior to the application of the sentence for execution, the presiding judge or the chairman of the court is obliged to provide the spouse (spouse), close relatives of the convicted person in custody, at their request, the opportunity to meet and telephone conversation with the convicted person.

1. It is a question of granting visits to the relatives of the convicted person after the entry into force of the sentence, but before it is applied for execution. This is a humane measure and the court is obliged to resolve this issue upon receipt of a written request from relatives requesting a meeting with the convicted person or a telephone conversation with him at his place of detention.

A copy of the document confirming his relationship with the convicted person (birth certificate, marriage certificate, identity card) must be attached to the person's application.

2. The procedure for visiting a convicted person is regulated by the Law of March 30, 1999 "On the procedure and conditions of detention of suspects and accused of committing crimes", as well as departmental orders of state bodies in charge of pre-trial detention facilities. Persons held in custody on the basis of written permission from the person or body in charge of the criminal case may be granted no more than two, and minors – no more than three visits per month with relatives and other persons for up to three hours each. Visits with relatives and other persons are carried out under the supervision of employees of places of detention. In the event of an attempt to transfer prohibited items, substances, and food products to the suspect and the accused, or information that may hinder the establishment of the truth in a criminal case or contribute to the commission of a crime, the visits are interrupted prematurely.

3. A convicted person has the right to telephone conversations lasting up to fifteen minutes each. Telephone calls are paid for from the personal funds of the convicts or their spouse, close relatives. In the absence of technical capabilities, a telephone conversation can be replaced by a short-term appointment. Convicted persons who are in strict conditions of detention, as well as those serving their sentences in penal, disciplinary isolation cells, cell-type rooms and solitary cells, may be allowed to have a telephone conversation only under exceptional personal circumstances. The telephone conversations of the convicts are monitored by correctional staff.

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

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