of January 24, 2020 No. 1
About some questions of authorization of measures of restraint
For the purpose of ensuring uniformity of court practice of authorization of measures of restraint the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. In case of production on criminal cases measures of restraint in the form of detention, house arrest, pledge are subject to authorization by court.
Consideration of petitions for authorization of measure of restraint is at stage of pre-judicial production within the competence of investigative judges. In case of submission by the parties of the claim and (or) the petition review of resolutions of the investigative judge on authorization of measure of restraint is performed by the judge of the relevant regional or equated to it court.
Questions of election, cancellation, change, prolongation of measure of restraint at judicial stages are within the competence of the court considering criminal case.
2. In case of decision making about authorization of measure of restraint, and also prolongation of its term the investigative judge needs to provide observance of the rights of the suspect, person accused guaranteed by article 16 of the Constitution of the Republic of Kazakhstan (further - the Constitution), proclaimed article 9 of the International Covenant on Civil and Political Rights (New York, on December 16, 1966, is ratified by the Law of the Republic of Kazakhstan of November 28, 2005 No. 91, became effective for the Republic of Kazakhstan on April 24, 2006) and provided by regulations of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).
3. The decision on authorization of measure of restraint in the form of detention is made by the investigative judge on production site of pre-judicial investigation or in the place of detention of the suspect, and in the cases provided by Chapter 57 of the Code of Criminal Procedure in the location of the body which took the petition to court.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.