Article 131. Procedure for the procedural detention of a person suspected of committing a criminal offense CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. At the time of a person's arrest on suspicion of committing a criminal offense, an official of the criminal prosecution authority explains to him the grounds for restricting his freedom on suspicion of committing a criminal offense, explains to him the right to invite a defense lawyer, the right to remain silent and that what he says can be used against him in court.
If the detainee does not speak Kazakh and/or Russian, or cannot adequately perceive an explanation of his rights at the time of detention due to alcohol, narcotic, substance abuse or a painful psychosomatic condition, then the rights of the suspect are explained to him accordingly in the presence of an interpreter (if necessary) and (or) a defense lawyer before the start of the interrogation. the suspect, which is noted in the interrogation protocol.
2. Within the time period specified in the first part of Article 129 of this Code, an official of the body of inquiry, an inquirer, an investigator shall draw up a protocol of detention. A suspect is subject to an examination in accordance with the procedure provided for in Article 223 of this Code in order to establish his general state of health and the presence of bodily injuries.
The following information is indicated in the detention report:
1) last name, first name, patronymic (if any) of the suspect;
2) by whom the suspect was detained, the grounds, motives, place of detention, time of actual detention and delivery (indicating the hour and minute);
3) information about the clarification of the suspect's rights;
4) the results of a personal search;
5) information about the detainee's health status;
6) time and place of drawing up the protocol;
7) the period of detention.
The protocol is signed by the official who drafted it, the suspect and the defender (with his participation).
The medical examination report is attached to the protocol.
3. The person conducting the pre-trial investigation is obliged to inform the prosecutor in writing about the detention within twelve hours from the moment of drawing up the detention report.
4. A person may be detained on suspicion of committing a crime for a period of no more than forty–eight hours, and a minor for a period of no more than twenty-four hours, except in the following cases, when detention for a period of no more than seventy-two hours is permitted if:
1) detention on suspicion of committing a particularly serious crime;
2) detention on suspicion of committing a terrorist or extremist crime;
3) detention on suspicion of committing a crime during mass riots;
4) detention on suspicion of committing a crime as part of a criminal group;
5) detention on suspicion of committing crimes related to the illicit trafficking of narcotic drugs, psychotropic substances, precursors and their analogues, against the sexual integrity of minors, as well as an intentional crime that resulted in the death of a person;
6) the inability to ensure the timely delivery of a person to an investigating judge due to the remoteness or lack of appropriate means of communication, as well as in a state of emergency or an emergency situation.
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