Article 132. Personal Search of a Detained Person. Commentary on the Article of the Criminal Procedure Code of the Republic of Kazakhstan
A person carrying out the detention shall have the right, in compliance with the rules provided for in Article 255 of this Code, to immediately conduct a personal search of the detained person in cases where there are grounds to believe that the person has a weapon or objects that may be used as weapons, or items prohibited from circulation and other objects that may be used as evidence, or that the person may attempt to get rid of evidence exposing them as having committed a criminal offence, or in other necessary cases.
The necessary cases or grounds for conducting a personal search of a detained person provided for by law meet the practical needs of detecting and investigating criminal offences and collecting evidence in a criminal case and, where such grounds exist, must be followed by a mandatory personal search after the person has been actually detained.
In accordance with the standards for detaining a suspect, a personal search must be conducted at the place of the person's actual detention, that is, where the person was initially detained, and in all cases. Consequently, under these circumstances, the personal search record may be drawn up before the detention record, but information about its results must be reflected in the detention record (subparagraph 4 of part 2 of Article 131 of the CPC). When a suspect is detained in the official premises of a criminal prosecution body, the law does not require the preparation of a separate personal search record, since the results of the personal search are recorded in a single detention record (see the commentary on the provisions of part 2 of Article 131 of the CPC).
When a suspect is actually detained, the law does not require the issuance of a special ruling, authorization by an investigating judge, or the participation of attesting witnesses for the purpose of conducting a personal search of that suspect (subparagraph 2 of part 3 of Article 255 of the CPC). In all cases, a copy of the personal search record, signed by the person who prepared it and by the suspect, shall be handed to the suspect against their signature acknowledging receipt (part 4 of Article 256 of the CPC).
2020 Commentary on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishyevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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