Article 8. The procedure for the use of firearms and electric weapons, special means and physical force of the Law on Bailiffs

Home / RLA / Article 8. The procedure for the use of firearms and electric weapons, special means and physical force of the Law on Bailiffs

1. The use of firearms and electric weapons, special means and physical force by a bailiff may be conditioned only on the fulfillment of the tasks specified in Article 2 of this Law.

2. Bailiffs have the right to use firearms for the purposes of:

1) repelling attacks on judges and participants in court proceedings when their lives and health are in danger;

2) repelling an attack on a bailiff in the performance of his official duties, when his life and health are in danger;

3) suppression of attempts to seize weapons or special means;

4) repelling a group or armed attack on a court and courthouses.

3. Physical force, including combat techniques, as well as electric weapons, special means, the list of which is determined by special legislation, may be used by a bailiff to:

1) repelling attacks on judges and participants in court proceedings;

2) suppression of physical resistance and attacks on the bailiff in the performance of his official duties;

3) detaining a person if that person refuses to comply with the requirement to stop illegal actions;

4) the suppression of a person's escape from custody, as well as the suppression of an attempt to forcibly release a person in custody.

4. It is prohibited to use weapons, special means and combat techniques against women, minors and persons with obvious signs of disability, except in cases when they commit an armed attack and armed resistance or a group attack.

5. In all cases of the use of weapons, special equipment and combat techniques, the bailiff is obliged to take the necessary measures to ensure the safety of surrounding citizens and provide emergency medical care to victims, and report the use of weapons, special equipment and combat techniques to the head of the relevant territorial unit. The bailiff of the Supreme Court of the Republic of Kazakhstan is obliged to report on the use of weapons, special means and combat techniques to the head of the authorized body.

In each case of the use of weapons, special means and combat techniques that have resulted in the death of people or other serious consequences, the prosecutor is immediately informed.

6. The list of types of firearms and ammunition, electric weapons and special equipment in service with bailiffs, and the procedure for their allocation shall be established by the Government of the Republic of Kazakhstan. The authorized body is responsible for providing bailiff units with weapons and special equipment.

The Law of the Republic of Kazakhstan dated July 7, 1997 No. 150.

President

Republic of Kazakhstan

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