Article 146. House arrest Criminal Procedure Code of the Republic of Kazakhstan

     1.house arrest means the isolation of a suspect or accused from society without custody, but with the application of restrictions established by a judge in accordance with the procedure provided for in Article 147 of this code.

     2. one or more restrictions when applying house arrest in relation to a suspect, accused, or defendant:

     1) Prohibition of leaving the dwelling at all times or at a certain time without the permission of the body conducting criminal proceedings, except for urgent cases and emergencies;

     2) Prohibition of telephone communication, sending correspondence and using means of communication without the permission of the body conducting criminal proceedings, except for the cases provided for in paragraph 5) of this part and part three of this article;

     3) Prohibition of communication with certain persons and reception of anyone at home without the permission of the body conducting criminal proceedings, except for the cases provided for in part three of this article;

     4) impose the obligation to use electronic control devices and carry these devices with you;

     5) respond to phone calls or other control signals for control purposes, make a phone call to the body of inquiry or other body that monitors the behavior of the suspect, accused or defendant, or assign them the obligation to personally visit them at a certain time;

     6) installation of surveillance on the suspect, accused or their dwelling, as well as protection of their dwelling or the premises allocated to them as a dwelling;

     7) other measures that ensure the behavior and isolation of the suspect, accused from society.

     If necessary, supervision of the behavior of the suspect, the accused is established.

     When monitoring compliance of a person under arrest with the established restrictions on leaving the dwelling, the body conducting criminal proceedings has the right to check his stay at the place of residence at any time of the day. The inspection is carried out no more than twice during the day and no more than once at night. The stay of an official in the dwelling of a person under arrest is allowed with the consent of this person and the persons living with him and must not exceed thirty minutes.

     By the normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 11.04.2023 No. 9, the provisions of Paragraphs 1), 2) and 3) of the second part of Article 146 of this code are recognized as consistent with the Constitution of the Republic of Kazakhstan in the following interpretation given by the Constitutional Court of the Republic of Kazakhstan: restrictions provided for under house arrest, applied by the courts individually or as a whole, protect the life and health of the arrested person and his defender, recognize as a subject of law, protect their rights and freedoms in all ways that do not contradict the law, ensure compliance with the rights guaranteed by the Constitution of the Republic of Kazakhstan, including the rights to judicial protection and obtaining qualified legal assistance, as well as procedural rights arising from them, enshrined in the Criminal Procedure Code of the Republic of Kazakhstan..

     3.the court decision on house arrest establishes specific restrictions that apply to the suspect, accused, and also indicates the body or official exercising supervision.

     Restrictions provided for under house arrest, applied by the courts individually or as a whole, should not violate the rights of the imprisoned person to life, health protection, judicial protection and obtaining qualified legal assistance, as well as the procedural rights arising from them enshrined in this code.

     The possibility of contact of the suspect, the accused with family members living together, his legal representative or a defender who has entered into the case in accordance with the established procedure, the body conducting the criminal process and persons exercising supervision of the legality of the pre-trial investigation, as well as supervision of the behavior of the arrested person, filing complaints and petitions to protect their rights and legitimate interests, calling emergency services, using means of communication to participate in procedural actions and court sessions is not limited.

     The suspect, accused are obliged to report each case of using means of communication to the body that monitors the behavior of the arrested person.

     4.the term of house arrest and the procedure for its extension are determined by the rules established by articles 151, 152 and 547 – 551-1 of this code.

     5.the procedure for executing a preventive measure in the form of house arrest is determined by a joint order of state bodies authorized to carry out a pre-trial investigation.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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