Article 46. The regime of special conditions in places of detention of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

Home / RLA / Article 46. The regime of special conditions in places of detention of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

Article 46. The regime of special conditions in places of detention of the Law on the Procedure and Conditions of Detention of Persons in Special Institutions, Special Premises providing Temporary Isolation from Society

1. In cases of a natural, man-made and social emergency, the imposition of an emergency, special or martial law in the area of places of detention, mass riots or disobedience of suspects and accused, or in the presence of a real threat of an armed attack on places of detention, by decision of the Minister of Internal Affairs, Chairman of the National Security Committee, Minister of Defense of the Republic Kazakhstan, agreed with the Prosecutor General of the Republic of Kazakhstan, A regime of special conditions is introduced in the relevant places of detention for a period of no more than thirty days.

In case of failure to achieve the goals of introducing the special conditions regime within the specified time, its validity period is extended by the specified officials for an additional thirty days.

2. When the special conditions regime is introduced:

1) security, access control and supervision of suspects, accused and defendants in custody are being strengthened;

2) may be limited or suspended:

all events involving suspects, accused and defendants;

receiving parcels and transfers;

meetings with the defender;

visits with relatives and other persons listed in Article 17 of this Law;

departure of suspects, accused and defendants to participate in investigative actions and court sessions;

transfer of suspects, accused, and defendants to temporary detention facilities;

3) can be arranged:

telephone conversations between suspects, accused and defendants based on the written permission of the person or body conducting the criminal proceedings, paid for from personal funds;

meetings of suspects, accused and defendants with defenders, relatives and other persons in accordance with the procedure provided for in Article 17 of this Law, using telecommunications facilities available in the institution.

3. In the event of an immediate threat to the life and health of suspects and accused persons, and other persons, the head of the administration of the place of detention may independently introduce the measures provided for in paragraph 2 of this article, with immediate notification, respectively, to the Minister of Internal Affairs, the Chairman of the National Security Committee, the Minister of Defense, the Prosecutor General of the Republic of Kazakhstan, the heads of internal affairs bodies,the executive system, national security, on the territory of which the place of detention is located.

4. The regime of special conditions in places of detention is abolished by the body or official by whom it was introduced, or by a higher authority or official.

The Law of the Republic of Kazakhstan dated March 30, 1999 No. 353-I.

This Law defines the legal basis for the activities of special institutions and special premises that legally provide temporary isolation from society, as well as establishes the rights and obligations of the persons contained therein.

President

Republic of Kazakhstan

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