The detention of a suspect during the period of familiarization of him and his defense counsel with the materials of the criminal case is authorized and extended by the investigating judge. The time for familiarization with the materials of the criminal case by the suspect, the accused, and his defense counsel is not included in the period of detention, but is counted when sentencing in the total term
If the prosecutor returns the criminal case for additional investigation, for which the maximum period of detention of the suspect has not expired, and there are no grounds for changing the preventive measure, the period of detention may be extended by the investigating judge of the district and equivalent courts within one month at the reasoned request of the prosecutor. When the court returns the criminal case to the prosecutor on the grounds provided for by this Code, in cases where the maximum period of detention of the accused has not expired and there are no grounds for changing the preventive measure, the same court shall extend the period of detention within one month from the date of receipt of the case by the prosecutor. In the case of repeated detention of a suspect or accused in the same case, as well as in another case connected with this one or a separate criminal case, the period of detention is calculated taking into account the time spent in custody.
The detention of the suspect during the period of familiarization of him and the defender with the materials of the criminal case is authorized and extended by the investigating judge.
If the wanted person is extradited to the Republic of Kazakhstan by a foreign State, the period of detention is calculated from the date of his arrival in the territory of the Republic of Kazakhstan, and the time of detention of the person in the order of extradition arrest in the territory of a foreign state is counted when sentencing to the total period of detention. The above-mentioned procedure for calculating and extending the period of detention of a suspect or accused is also applied when a sentence is overturned as a result of proceedings in a cassation or supervisory instance or due to newly discovered circumstances in relation to a person serving a custodial sentence. The head of the administration of the place of detention is obliged to notify the body or person in charge of the criminal case, as well as the prosecutor, no later than twenty-four hours before the expiration of the period of detention of the suspect or the accused. If, after the expiration of the period of detention established by law, the relevant decision on the release of the suspect or accused or on the extension of his detention has not been received, the head of the administration of the place of detention shall release him by his decision, a copy of which shall be sent within twenty-four hours to the body or person in charge of the criminal case and the prosecutor.
If these requirements are not met, the head of the administration of the place of detention shall bear the responsibility established by law. If it is necessary to extend the period of detention, the criminal prosecution authorities must follow the following procedure:: 1) A request for an extension of the period of detention up to three months shall be submitted for approval to the district (city) prosecutor and other prosecutors equivalent to him no later than ten days before the expiration of the period of detention and considered by the prosecutor within no more than three days from the date of its receipt. 2) A request for an extension of the period of detention for more than three months must be submitted to the prosecutor for approval no later than fifteen days before the expiration of the period of detention and considered by the prosecutor within no more than five days from the date of its receipt. 3) An application for an extension of the period of detention for more than twelve months must be submitted to the prosecutor for approval no later than twenty days before the expiration of the period of detention and considered no more than five days from the date of its receipt. Having considered the request for an extension of the period of detention, the prosecutor approves the decision of the person conducting the pre-trial investigation and immediately sends it with the materials of the criminal case confirming the validity of the extension of the period of detention to the appropriate court, or justifiably refuses consent.
If the prosecutor does not support the request for an extension of the period of detention of the suspect, the accused is subject to immediate release upon expiration of the period of detention. Petitions are sent to the court.: -an extension of the period of detention for up to three months is submitted to the court no later than seven days before the expiration of the period of detention, - an extension of the period of detention for more than three months - no later than ten days, - an extension of the period of detention for more than twelve months – no later than fifteen days. The examination by the investigating judge of a request for an extension of the period of detention and the calculation of time limits are governed by the rules of article 152 of the draft CPC, according to which:
An application for an extension of the period of detention is subject to consideration by the investigating judge alone.
The prosecutor must participate in the court session.
The meeting may also be attended by a defense lawyer, the legal representative of the suspect, the victim, his legal representative and a representative, whose failure to appear, upon timely notification of the time of consideration of the petition, does not prevent their judicial review.
The court has the right to recognize it necessary to participate in the consideration of the issue of extending the period of detention of the person about whom the petition is submitted, and to entrust the body conducting the investigation with his delivery to the court session.
A request for an extension of the period of detention is subject to consideration within no more than three days from the date of receipt by the court. The Law establishes the following procedure for examining petitions by an investigating judge:
At the beginning of the meeting, the investigating judge announces which petition is to be considered, explains to the persons who have appeared their rights and obligations, and examines the petitions.,
then the judge hears the arguments of the parties on the submitted motion on the need to leave the preventive measure in the form of detention.,
Based on the results of the review, the investigating judge issues one of the following rulings:
1) to grant a request for an extension of the period of detention of a suspect or accused; 2) to refuse to grant a request for an extension of the period of detention of a suspect or accused and to cancel or change the measure of restraint to a less strict one and release him from custody.
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