I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 27, 2004 No. 245

About approval of Regulations of pre-trial detention centers of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan

It is approved Prosecutor's office Republic of Kazakhstan August 27, 2004.

For the purpose of implementation of article 15 of the Law of the Republic of Kazakhstan "About procedure and conditions of detention of suspects and the crimes accused of making" I ORDER:

1. Approve the enclosed Regulations of pre-trial detention centers of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan.

2. To provide to committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan strict management of these Rules.

3. To impose control of execution of this order on the Chairman of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan.

4. This order becomes effective from the moment of its state registration.

 

Approved by the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of August 27, 2004 No. 245

Regulations of pre-trial detention centers of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of internal rules and procedures of pre-trial detention centers of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan (further - Rules) according to article 15 of the Law of the Republic of Kazakhstan "About procedure and conditions of detention of suspects and the crimes accused of making" (further - the Law) determine internal rules and procedures in pre-trial detention centers of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan for the purpose of providing detention regime of suspects of them and persons accused.

2. In pre-trial detention centers contain:

1) suspects and persons accused, criminal cases concerning which are accepted to production by bodies of inquiry and the investigation;

2) suspects and persons accused, criminal cases concerning which are accepted to production by courts (defendants);

3) convicts on criminal cases concerning which convictions did not take legal effect;

4) the convicts made responsible on another criminal cases to which as measure of restraint arrest is applied;

5) the convicts on criminal cases who are subject in accordance with the established procedure to the direction in the organizations performing criminal penalties in the form of imprisonment or on forced treatment;

6) the convicts left in pre-trial detention centers or transferred to them from the organizations performing punishments in connection with production of investigative actions for cases on the crimes committed by other persons or in connection with consideration of these cases in courts.

3. In pre-trial detention centers serve criminal penalty in the form of imprisonment, the convicts involved in work on economic servicing of pre-trial detention centers.

The procedure for content in pre-trial detention centers of the specified category of convicts is regulated by the Penitentiary code of the Republic of Kazakhstan (further - WICK RK), Regulations of correctional facilities and the corresponding instruction of the Ministry of Justice of the Republic of Kazakhstan.

4. The mode represents regulated by the Law, these rules and other regulatory legal acts of the Republic of Kazakhstan procedure and conditions of keeping of suspects and persons accused.

The mode is set for the purpose of observance of the rights of suspects and persons accused, execution of the obligations by them, their isolation, and also the solution of the tasks provided by the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK).

5. Providing the mode in pre-trial detention centers, maintenance of internal rules and procedures in them is assigned to administration of pre-trial detention centers, and also to their employees who bear the responsibility for non-execution established by the law them or improper execution of service duties. The daily routine the chief of the pre-trial detention center is determined and appears the order. Time for eight-hour continuous dream, rise, toilet, acceptance of food, work, educational actions, withdrawal to dream is provided in it.

The person accused or the suspect can be called for questioning in the pre-trial detention center only in working hours, at the same time shall be returned in the camera no later than 21 hour.

6. Persons containing in pre-trial detention centers shall observe strictly the obligations assigned to them by the Law and requirements of rules of conduct of suspects and persons accused of pre-trial detention centers (appendix No. 1).

Failure to carry out of the obligations by them attracts responsibility in the procedure established by the law.

6-1. Tortures and others the cruel, brutal and degrading human dignity types of the treatment of persons containing in pre-trial detention centers of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan are not allowed.

Discrimination of persons containing in pre-trial detention centers of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan on the basis of race, skin color of floor, language, religious, political and other beliefs, national or social origin, property status, family origin, social position, infection with HIV / AIDS or on any other circumstances is not allowed.

7. In the pre-trial detention center the book of notes and proposals of persons inspecting the pre-trial detention center is kept (appendix No. 2) in which inspecting make the notes, offers and completion dates of actions for remedial action.

8. Supervision of respecting the rule of law in pre-trial detention centers is exercised by the Attorney-General of the Republic of Kazakhstan and prosecutors subordinated to it who according to item 3 of Art. 44 of the Law of the Republic of Kazakhstan of December 21, 1995 No. 2709 "About Prosecutor's office" visit for the purpose of check the places of detention and other organizations performing the punishments and other measures of forced nature appointed by court at any time.

Chapter 2. Acceptance and accommodation of suspects and persons accused on cameras

9. Acceptance of the suspects and persons accused who arrived to the pre-trial detention center is made by round the clock duty assistant to the chief of the pre-trial detention center (further - the duty assistant) or his deputy who checks availability of the documents giving the grounds for acceptance of person brought to the pre-trial detention center conducts survey of the specified person and verifies his answers with the data specified in the personal record and also the doctor on duty who performs medical examination.

10. The basis for acceptance to the pre-trial detention center are the resolution of the investigator or investigator authorized by the judge, the judge's ruling or the court order on election of measure of restraint in the form of arrest which are taken out according to the Code of Criminal Procedure of RK.

Identity documents of persons under investigation, investigative arrested are stored in the personal record, in case of need are issued to the representative of the body conducting criminal procedure by special department (part) on receipt with the subsequent return.

11. In addition to the specified documents, acceptance to the pre-trial detention center of the woman with the child aged up to three years, requires the certificate of birth or other documents confirming accessory to her the child, and in the absence of such dokumentovpismenny specifying of person making inquiry, the investigator, the prosecutor or court in whose production there is criminal case.

12. The documents which are the basis for acceptance to the pre-trial detention center shall be certified by signatures of the corresponding officials and are fastened by stamp seals.

When to the pre-trial detention center the statement from the judge's ruling or court on election of measure of restraint in the form of arrest is submitted, in it complete adjusting these persons to which this measure of restraint is applied shall be specified. The statement shall be certified by the signature of the official, is sealed by official and is subject to replacement no later than three-day term with the copy of the resolution.

13. Persons escorted by transit are accepted to the pre-trial detention center and go to destinations based on references according to personal records and passing lists.

14. Suspects and persons accused concerning whom in the place of content of detainees content term in inquiry period on their criminal cases expired and of the procedure established by the legislation it is not prolonged, to the pre-trial detention center are not accepted. Persons concerning whom terms of detention expired after acceptance to the pre-trial detention center are exempted from planned convoy under the resolution of the chief of the pre-trial detention center in the procedure established by the Law.

15. Persons accepted to the pre-trial detention center, in day of their receipt, but no later than one days undergo primary medical examination and sanitary processing. Results of medical examination are brought in the medical out-patient record.

Persons who according to the conclusion of the doctor of the pre-trial detention center need urgent hospitalization in organization are not accepted. If necessary medical care is provided to them.

16. After passing of sanitary processing and receipt of results of medical examination suspects, persons accused receive bedding, and if necessary clothes of the established sample. Without fail the arrived persons in uniform of the military personnel or law enforcement officers change clothes. In necessary cases the minors condemned in case of especially dangerous recurrence of crimes, condemned to capital punishment, PLS and persons installed in punishment cell change clothes. The clothes belonging to them are withdrawn and checked.

17. Information on the rights and obligations, detention regime under guards, disciplinary requirements, procedure for giving the offer, statements and claims is provided to the suspects and persons accused accepted to the pre-trial detention center. The specified information can be provided both in writing, and orally.

In subsequent such information is provided on radio, during visit of cameras, on personal acceptance of suspects and persons accused by the chief of the pre-trial detention center and the employees authorized by it.

At their request the Law and the statement from these rules, regarding them concerning are issued to suspects and persons accused. In each camera on wall information on basic rights and obligations of persons containing in the pre-trial detention center on state and officially the used Russian languages is hung out.

18. For execution of accounting documents the faces accepted from guard (convoy) are placed in cameras of combined department for the term of no more than one days with observance of requirements of isolation or for the term of no more than two hours to the single boxes equipped with places for sitting and artificial lighting.

19. Persons containing in the pre-trial detention center have the right to the polite address from employees of the pre-trial detention center. It is necessary to address them on "you" and to call them "citizen" or "citizen" and further by last name or respectively "suspect", "person accused" or "convict".

20. Placement on cameras of suspects, persons accused and convicts is performed according to requirements of article 32 of the Law based on the plan of pokamerny placement (appendix No. 3) approved by the chief of the pre-trial detention center. Suspects and persons accused after one criminal) to case or on several cases connected among themselves accommodate separately. The administration of the pre-trial detention center takes measures for exception of contacts between them.

Suspects and persons accused accommodate on cameras the duty assistant or his deputy in coordination with the operational worker, and minors, in coordination with the educational work instructor. Accommodation of patients is made on specifying of the health worker. Faces, suspicious on availability of infectious diseases, are placed in the cameras allocated under quarantine. The term of quarantine is determined by medical indications.

21. Patients with infectious diseases or needing special medical care and observation accommodate separately from other suspects and persons accused.

22. In hospitals and hospitals of medical parts of pre-trial detention centers suspects and persons accused accommodate by types of diseases. Separately men and women, minors and adults contain. Separately the suspects and persons accused of making of especially serious and serious crimes condemned in case of especially dangerous recurrence of crimes and also persons condemned to capital punishment and PLS contain.

23. Minors accommodate in low-local cameras no more than 4-6 people located in separate cases, sections or on floors of regime cases taking into account their age, physical development and behavior.

24. For content in exceptional cases in cameras with minors according to article 32 of the Law adult suspects and persons accused from among positively characterized persons for the first time brought to trial are selected.

In low-local cameras with minors content of one-two such adults, in mass cells - no more than three is allowed.

25. The convicts left for work on economic servicing accommodate in certain placements on the territories of regime zone or in cameras of the isolated sections in cases. These cameras on the lock can not be closed.

26. Suspects and persons accused contain in the mass cells closed on locks (appendix No. 4). Accommodation of suspects and persons accused of solitary confinements is allowed under the motivated resolution of the chief of the pre-trial detention center in the following cases:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info