Article 589. Extradition arrest CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. After receiving by mail, telegraph, telex, fax and other means of communication from the requesting party a request for the extradition of the wanted person (extradition), the prosecutor submits to the district and equivalent court at the place of the person's detention a request for the application of the extradition arrest of the person for the purpose of extradition (extradition).

     2. Together with the petition, the following documents are submitted for consideration by the investigating judge::

     1) a copy of the request of the competent authority of a foreign state for the extradition of a person, certified by the relevant central authority of the Republic of Kazakhstan;

     2) documents on the person's citizenship;

     3) the available materials of the extradition check.

     3. The investigating judge shall consider the application and issue a decision on the application of an extradition arrest or refusal to apply an extradition arrest.

     4. When considering the application, the investigating judge checks the nationality of the wanted person, as well as whether the act in connection with which his extradition (extradition) is requested is a crime punishable by imprisonment, without investigating the question of guilt and without checking the legality of procedural decisions taken by the competent authorities of a foreign state in the case of the person, whose extradition is being requested.

     5. The appeal and review, at the request of the prosecutor, of this decision of the investigating judge shall be carried out in accordance with the procedure provided for in Article 107 of this Code to the regional or equivalent court, which shall verify its legality and validity in accordance with part four of this Article.

     6. In the event of a decision to refuse to apply an extradition arrest, the investigating judge simultaneously decides to detain the wanted person for the period of review of the decision at the request of the prosecutor and consideration of the case in a regional or equivalent court.

     7. The extradition arrest in respect of the person to be extradited (extradited) is applied for a period of twelve months from the moment of his detention, and in respect of the person requested for the enforcement of a court sentence, no more than for the period to which he was sentenced in the requesting State.

     8. The administration of the place of detention is obliged to notify the prosecutor about this no later than ten days before the expiration of the period of detention of the person to whom the extradition arrest has been applied.

     9. If the twelve-month period of extradition arrest expires after the decision to extradite the person (extradition) is made, the period of detention of the extradited person until his actual transfer to a foreign state may, at the request of the prosecutor, be extended by the investigating judge within the maximum period of imprisonment provided for by the sanction of the criminal law of a foreign state for the crime of which the extradited person is accused (suspected). a person, if additional time is needed for:

     1) organization of the transfer of the extradited person to the territory of the requesting State;

     2) consideration of the complaint of the extradited person against the decision of the Prosecutor General of the Republic of Kazakhstan or his deputy on his extradition.

     10. The release of a person to whom extradition arrest has been applied is carried out on the basis of a prosecutor's decision, including after the expiration of the period specified in this article, if extradition has not taken place within this period, which is immediately reported to the Prosecutor General's Office of the Republic of Kazakhstan.

     11. The release of a person from extradition arrest does not prevent its re-application for the purpose of actually transferring the person to a foreign State in pursuance of an extradition decision, unless otherwise provided for by an international treaty of the Republic of Kazakhstan.

     The footnote. Article 589 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2017 No. 91-VI (effective after ten calendar days after the date of its first official publication); dated 12.07.2018 No. 180-VI (effective after ten calendar days after the date of its first official publication).

President    

Republic of Kazakhstan     

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