Law of the Republic of Kazakhstan of March 30, 1999 № 353-1 On the order and conditions of detention of the suspected and accused in crimes commitment

Law of the Republic of Kazakhstan of March 30, 1999 № 353-1
On the order and conditions of detention of the suspected and accused in
crimes commitment
Chapter 1. General provisions

Article 1. Purposes of the present Law

The present Law adjusts and determines the order and conditions of detention of the persons suspected and accused in crimes commitment, guarantees of their rights and lawful interests, and also determines the rights and duties of the employees in places of the detention.

Article 2. Main concepts

In the present Law the following main concepts are used:

Suspected - person, concerning whom on the bases and in the order of Criminal Procedure Code of the Republic of Kazakhstan, the criminal institute proceeded in connection with suspicion him in crime commitment, about what is announced to him by investigating officer or before accusation the measures to secure the appearance is applied;

Accused - person, concerning whom the decision about attraction as accused is rended, or person, concerning whom in court private accusation criminal institute proceeded, and also person, concerning whom protocol of accusation is signed and authorized by the chief of the investigation body;

The defendant - accused, on whom date for main trial proceeding is nominated;

Convicted - accused, which passed sentence upon a prisoner;

The detention is temporary isolation established by the law in special premises of suspected in crimes commitment, and also persons, concerning whom such measure as arrest is elected;

Isolator of the temporary detention - special establishment intended for the detention taking in custody of suspicion in crimes commitment;

The investigative isolator - special institution intended for the suspected and accused contention, whom measure to secure the appearance as arrest is applied;

The solitary cell - special premise intended for the contents only of one person under arrest, with the purposes of his most complete and strict isolation;

The punishment cell - solitary cell intended for contention of the person, committed malicious violation of under arrest order.

Article 3. The detention purposes of the suspected and accused in crimes commitment

The detention of suspected and accused in crimes commitment is carried out with the purposes of measures ensuring stipulated by Criminal Procedure Code of the Republic of Kazakhstan.

Article 4. Principles of the detention

The detention is carried out according to principles of legality, presumption of innocence, equality of the citizens before the law, humanism, respect of person's honour and advantage, with norms of international law and should not be accompanied by actions having the purpose causing of physical or moral sufferings to suspected and accused in crimes commitment, detained.

Article 5. Bases of detention