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Home / Publications / Sanctioning by an investigating judge the determination of the content of a preventive measure in the form of house arrest is carried out. House arrest consists in isolating the suspect or accused from society without detaining him, but with the application of restrictions established by the judge

Sanctioning by an investigating judge the determination of the content of a preventive measure in the form of house arrest is carried out. House arrest consists in isolating the suspect or accused from society without detaining him, but with the application of restrictions established by the judge

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Sanctioning by an investigating judge the determination of the content of a preventive measure in the form of house arrest is carried out. House arrest consists in isolating the suspect or accused from society without detaining him, but with the application of restrictions established by the judge

Article 146 contains the following: - the definition of holding a preventive measure in the form of house arrest: "house arrest consists in isolating a suspect or accused from society without detaining him, but with the application of restrictions established by a judge." - a list of restrictions specified in the second part of Article 146 of the draft CPC, which the investigating judge may establish when authorizing house arrest (one or several at the same time):

Authorization by the investigating judge to determine the content

1) a ban on leaving the home completely or at a certain time; 2) a ban on telephone conversations, sending correspondence and using means of communication, except for the cases provided for in paragraph six of this part; 3) a ban on communicating with certain persons and accepting anyone; 4) the use of electronic means control and assignment of the obligation to carry these funds with you; 5) assigning duties to answer control phone calls or other control signals, make phone calls or personally appear at a certain time at the body of inquiry or other body supervising the behavior of the suspect, the accused or the defendant; 6) establishing surveillance of the suspect, the accused or his home, as well as protecting his home or assigned to him 7) other measures to ensure proper behavior and isolation of the suspect or accused from society.  Supervision is established over the behavior of the suspect or the accused, if necessary. When supervising the observance by an arrested person of the established restrictions on leaving his home, the body conducting the criminal process has the right to check his presence at his place of residence at any time of the day. The check is performed no more than twice during the daytime and no more than once at night.

Sanctioning by the investigating judge the determination of the content of the preventive measure in the form of house arrest is carried out house arrest consists in isolating the suspect the accused from society without detaining him but with the application of restrictions established by the judge

The presence of an official in the dwelling of the arrested person is allowed with the consent of this person and the persons living with him together, and should not exceed thirty minutes. The court's decision on house arrest specifies the specific restrictions applied to the suspect or the accused, as well as the body or official responsible for supervision. Petitions for the authorization of house arrest to the court, their consideration by the investigating judge and decision-making are carried out in accordance with Article 147 of the draft CPC, i.e. in the same manner as when considering a petition for the authorization of a preventive measure in the form of detention. The term of house arrest and the procedure for its extension are determined by the rules established by articles 151 and 549-553 of the draft CPC. 

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