Article 7. Types of security measures Chapter 2. Security measures The Law on State Protection of Persons Involved in Criminal Proceedings

Home / RLA / Article 7. Types of security measures Chapter 2. Security measures The Law on State Protection of Persons Involved in Criminal Proceedings

1. In order to ensure the personal and property security of protected persons during the conduct of an inquiry, preliminary investigation or during court proceedings, the body conducting the criminal process, taking into account specific circumstances, has the right to apply the following security measures:

1) an official warning to a person who threatens violence or other acts prohibited by criminal law about the possibility of bringing him to criminal responsibility;

2) restriction of access to information about the protected person;

3) the application, in accordance with the procedure provided for by the Criminal Procedure Code of the Republic of Kazakhstan, of a preventive measure against an accused (suspect) that excludes the possibility of using (organizing the use of) violence against persons participating in criminal proceedings or committing (organizing the commission of) other criminal acts;

4) removal of individuals from the courtroom;

5) holding a closed court session;

6) interrogation of the witness by the court:

without disclosing his identity using a pseudonym;

in conditions that exclude his recognition;

without visual observation by other participants in the trial;

with the prohibition, if necessary, of the production of video, sound recordings and other ways of capturing the interrogation;

7) prohibition of approaching in the manner prescribed by the Criminal Procedure Code of the Republic of Kazakhstan;

8) ensuring the personal safety of the protected person.

2. The bodies implementing security measures on the basis of a resolution of the body conducting criminal proceedings on ensuring the personal safety of the protected person select and apply simultaneously several or one of the following measures to ensure personal safety:

1) personal protection, protection of homes and other property;

2) provision of personal protective equipment, self-defense, communications, technical means and weapons;

3) temporary placement in a safe place;

4) ensuring the confidentiality of information about protected persons;

5) relocation to another place of residence, change of place of work (service) or study, assistance in finding employment;

6) replacement of documents;

7) change of appearance.

Moving to another place of residence, replacing documents, and changing one's appearance are exceptional security measures and are applied in cases where the security of the protected person cannot be ensured by other security measures.

3. In order to implement the security measures provided for in this article, operational search measures may be carried out in accordance with the Law of the Republic of Kazakhstan "On Operational Search Activities.

The Law of the Republic of Kazakhstan dated July 5, 2000 No. 72.

This Law establishes a system of State measures to protect the life, health, property, legitimate rights, and interests of persons participating in criminal proceedings, their family members, and close relatives, and to ensure their safety in order to prevent unlawful interference in criminal proceedings.

President

Republic of Kazakhstan

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