1. Everyone has the right to judicial protection of his (her) rights and freedoms.
2. No one may be changed the jurisdiction, stipulated by the law without his (her) consent.
3. State shall ensure everyone’s access to justice and compensation for damages in the
cases and manner prescribed by law.

1. Detention in custody as a preventive measure shall be applied only with the
authorization of a judge and only to a suspect, accused or defendant of a crime for which the
law prescribes a penalty of deprivation of liberty for a period exceeding five years and where
it is impossible to apply other less stringent preventive measures. In exceptional cases, this
preventive measure may be applied to a person, suspect, accused or defendant in the
commission of an offence for which the law prescribes a penalty of deprivation of liberty for
up to five years, if:
1) he (she) does not have permanent residence in the territory of the Republic of
Kazakhstan;
2) the person is not identified;
3) he (she) violated the previous preventive measure or a measure of procedural coercion;
4) he (she) tried to escape or escaped from the criminal prosecution bodies or the court;
5) he (she) is suspected of committing a crime in an organized group or criminal
community (criminal organization);
6) he (she) has been convicted previously for a serious or particularly serious crime;
7) there is evidence of continuing his (her) criminal activities.
1-1. The circumstances provided for in paragraph 1) of paragraph one of this Article may
not be the only reason for choosing a preventive measure in the form of remand in custody.
2. If it is necessary to choose detention in custody, as a measure of restraint, the person,
conducting pre-trial investigation in accordance with Article 140 of this Code shall make a
decision to initiate a petition before the court for sanctioning the use of this measure. The
decision shall be attached by certified copies of the criminal case materials, confirming the
validity of the petition.
The person carrying out pre-trial investigation shall be obliged to justify the reasons for
the choice of such preventive measure and the impossibility to apply less stringent preventive
measures in the decision to initiate an application to the court for a remand in custody.
During the period of detention of a person suspected of committing a criminal offense, in
the manner prescribed by Article 131 of this Code, the prosecutor shall have the right to
familiarize himself/herself with the materials of the criminal case, confirming the validity of
the request, and shall have the right to interrogate the suspect at the place of his/her detention.
3. On the basis of the results of the examination of the petition of the person conducting
the pre-trial investigation, the prosecutor agrees with the petition or refuses to support it with
a reasoned decision and/or decides on the choice of another preventive measure. A copy of
the decision is sent to the persons concerned.
The procurator must submit to the investigating judge, at least eight hours before the
expiry of the period of detention, an order for the initiation of the application for authorization
of remand in custody, accompanied by copies of the criminal case file confirming the validity
of the application.
4. Excluded by the Law of the Republic of Kazakhstan dated 21.12.2017 № 118-VI (shall
be enforced upon expiration of ten calendar days after the day of its first official publication).
Footnote. Article 147, as amended by the Law of the Republic of Kazakhstan dated
07.11.2014 № 248-V (shall be enforced from 01.01.2015); dated 03.07.2017 № 84-VI (shall
be enforced upon expiry of ten calendar days after the day its first official publication); dated
21.12.2017 № 118-VI (shall be enforced upon expiration of ten calendar days after the day of
its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiration
of ten calendar days after the day of its first official publication); № 292-VІ dated December
27, 2019 (see Article 2 for the enactment procedure).

1. The suspected, the accused may not be applied simultaneously two or more preventive
measures.
2. The body conducting the criminal proceedings shall issue a decision on the application
of a preventive measure, containing a reference to a criminal offence, for which a person is
suspected and accused, and the grounds for the application of this measure. Copy of the
decision shall be given to the person against whom it is made, and at the same time he (she)
shall be explained the order of appeal against the decision on the application of the preventive
measure, provided for in this Code.
A preventive measure shall be applied to the suspected only after the decision on the
qualification of his (her) acts, except in cases, provided for in Article 139 of this Code.
3. In the application of a preventive measure, not related to the detention in custody, the
suspected, the accused or defendant may be assigned one or more of the following duties to
ensure good behaviour:
1) come to the person, conducting the pre-trial investigation, the procurator or the court at
the scheduled time;
2) not to leave permanent or temporary residence without the permission of the body,
conducting the criminal proceedings;
3) inform the person, conducting the criminal proceedings, the procurator on changing the
place of residence, place of work;
4) not to communicate with certain persons and go to certain places;
5) undergo a course of treatment for mental, behavioral disorders (diseases) associated
with the use of psychoactive substances;
6) wear electronic means of tracking.
4. In the case of committing by the suspected, accused of actions that violated the
measures provided for in Articles 141, 142, 143, 144, 145 and 146 of this Code, they shall be
applied more stringent preventive measure, as the suspected, the accused shall be announced
at the presentation of a copy of the relevant decision. In case of violation of the measures of
procedural coercion, provided for in Articles 156 and 165 of this Code, a preventive measure
shall be elected to the suspected, the accused.
Footnote. Article 140 as amended by the Law of the Republic of Kazakhstan dated
07.07.2020 № 361-VI (shall be enforced ten calendar days after the day of its first official
publication).

1. The return of a minor under the supervision of parents, guardians, care-givers or other
credible persons, as well as administration of the organization, carried out in accordance with
the law the functions to protect the rights of the child, where he (she) stayed, shall be the
assumption by any of the above persons a writing undertaking to ensure the good behaviour
of the minor and his (her) appearance on call of the body, conducting criminal proceedings,
including the restriction of his (her) staying outside the house and avoiding travel to other
localities without the permission of the body, conducting criminal proceedings.
2. The return of a minor under the supervision of parents and other persons shall be
possible only upon written request.
3. When taking the recognizance on acceptance under the supervision, the parents,
guardians, care-givers, administration of the organizations, carried out in accordance with the
law the functions to protect the rights of the child, shall be notified of the nature of the
criminal offence, for which the minor is suspected, and on their responsibilities in case of
violation of the assumed responsibilities for supervision.
4. The persons, for whom the minor is placed under the supervision, in case of
non-fulfillment of the assumed obligation may be imposed a monetary penalty in the manner
provided in Article 160 of this Code.

1. The person, conducting the pre-trial investigation, involving in investigative actions the
persons provided for by law, verifies their identity, clarifies their rights and obligations, as
well as the order for conducting investigative action.
2. Production of the investigative action at night is not permitted, except in cases of
urgency.
3. The scientific and technological means can be applied in the investigative actions and
the evidence-based methods to detect, capture and removal of traces of a criminal offence and
material evidence are also used.
4. In the investigative actions it is not allowed to use torture, violence, threats or other
illegal means, ill-treatment, as well as endangering the lives and health of the persons
involved.
5. The person, conducting the pre-trial investigation is entitled to involve in the
investigative actions of other employees of the criminal prosecution body.
6. When conducting the investigative actions, provided for in the thirteenth and fourteenth
parts of article 220, article 252, fourth part of Article 254, Article 255, except in cases,
provided for in paragraph 2) of the third part of Article 255 of this Code, the involvement of
the identifying witnesses is obligatory.
In other cases of conducting the investigative actions, the use of the scientific and
technological means for fixing the progress and results shall be obligatory.
In the absence of the scientific and technical means or the impossibility of their use in
conducting the investigative actions, the identifying witnesses are involved.
The order of use of the scientific and technical means for fixing the progress and results is
determined by the Procurator General of the Republic of Kazakhstan in coordination with the
relevant state bodies.
7. When an investigative action involving a minor is performed, his or her legal
representatives may be present, and in cases envisaged by this Code, a teacher and/or
psychologist may also be involved.
Footnote. Article 197, as amended by the Law of the Republic of Kazakhstan dated
07.11.2014 № 248-V (shall be enforced from 01.01.2015); № 210-VIII of 16.07.2025 (shall
come into force upon expiry of sixty calendar days after the date of its first official
publication).

1. When addressing the issue of juvenile sentencing, the court shall discuss and motivate
in the sentence the possibility of punishment, not related to deprivation of liberty, or release
of the minor from criminal punishment due to the application of compulsory educational
measures. The court shall take into account the limits of the application of certain types of
minor penalties, established by the criminal law, bearing in mind that their application is
determined by the age of the defendant at the time of committing the offense.
2. In cases of probation, the appointment of punishment, not related to the deprivation of
liberty, placement in educational institutions with a special regime of detention or the
application of compulsory educational measures, the court shall notify the specialized state
body and lay upon it monitoring the behavior of the convicted person.

1. Detention of the suspected in committing a criminal offence is a measure of procedural
compulsion, applied by the criminal prosecution body to suppress crime and permit the
application of a preventive measure in the form of detention in custody or to secure the
production of criminal infraction, for which there is a reason to believe that person may
escape or commit a more serious offence.
2. An official of the criminal prosecution body shall have the right to detain a person,
suspected of committing a crime for which a sentence of imprisonment can be assigned, if
there are one the following grounds:
1) when the person is caught during the commission of the crime or immediately after its
commission;
2) when eye-witnesses (witnesses), including the victims, directly point out the person
committed the crime or detain that person in the manner prescribed in Article 130 of this
Code;
3) when clear evidence of a crime will be found in that person or his (her) clothes with
him (her) or in his (her) home;
4) when in the materials of operational- investigative, counterintelligence activity and (or)
covert investigative actions received in accordance with the law, there are reliable data on the
crime committed or planned by him/her.
3. The detention of persons suspected of committing a crime shall be made after the
necessary urgent investigative actions, except for the ground, provided for in paragraph 1) of
the second part of this Article.
4. If there are other grounds for suspecting a person in committing a criminal offence, he (
she) may be detained only if this person tried to escape or when he (she) does not have a
permanent residence or identity of the suspected is not established, or the application on
sanctioning the preventive measure in the form of detention in custody is directed to the court.
5. The period of detention of the person, suspected of committing a criminal offence, shall
be counted from the moment of actual detention and cannot exceed seventy-two hours.
Footnote. Article 128 as amended by the Law of the Republic of Kazakhstan dated
28.12.2016 № 36-VI (shall be enforced upon expiry of two months after the day its first
official publication).

1. Conveyance is a measure of procedural compulsion, applied for a period of not more
than three hours in order to elucidate the involvement of the person to a criminal offence.
2. Upon confirmation of the involvement of a person to a criminal offence, the criminal
prosecution body shall have the right to carry out a detention in the manner provided in
Article 131 of this Code, and the time of conveyance is included in the total period of
detention, provided in the fourth part of Article 131 of this Code.
3. Upon expiry of the delivery period, the person shall immediately be issued with a
delivery certificate stating the grounds and time of delivery, unless he or she is subsequently
detained for procedural reasons.
Footnote. Article 129 as amended by Law of the Republic of Kazakhstan № 210-VIII of
16.07.2025 (shall enter into force upon expiry of sixty calendar days after the date of its first
official publication).

1. The victim, as well as any other citizen shall have the right to detain a person, who
committed a criminal offence, and to restrict his (her) freedom of movement for the
transmission or conveyance to the criminal prosecution body or other public authority in
order to prevent him (her) from committing other assaults.
2. In the cases, specified in part one of this Article, a detained person in providing
resistance may be applied within the limits provided for in Article 33 of the Criminal Code of
the Republic of Kazakhstan, the physical force and other means. If there is reason to believe
that the detained person has weapons or other dangerous objects relevant to the criminal case,
the citizen detained him (her) shall have the right to inspect the clothes and remove the
objects he (she) has for transfer to law enforcement or other public authority.

1. When detaining a person on suspicion of committing a criminal offence, an official of
the criminal prosecution body verbally announces to the person on suspicion of committing
what criminal offence he (she) is detained, explain him (her) the right to invite the defense
counsel, the right to remain silent and that everything what he (she) said can be used against
him (her) in court.
If the detained person does not speak Kazakh and (or) Russian languages or cannot at the
moment of detention due to alcohol, drug, toxic intoxication or painful psychosomatic
condition adequately perceive an explanation of his (her) rights, the rights of the suspected
shall be explained to him (her), respectively, in the presence of an interpreter (if necessary)
and (or) the defense counsel prior to being interrogated as a suspected, as is noted in the
protocol of the interrogation.
2. In the term specified in a part of the first article 129 of the present Code, the official of
body of inquiry, the inquirer, the investigator make the report of detention. The suspect shall
be subject to examination in an order provided by article 223 of the present Code, for
establishment of the general state of his health and presence of bodily injuries.
The detention report shall contain the following information:
1) The surname, name and patronymic (if any) of the suspect;
2) by whom the suspect is detained, grounds, motives, place of detention, time of actual
detention and delivery (indicating the hour and minute);
3) information on the explanation of the rights of the suspect;
4) results of a personal search;
5) information on the state of health of the detainee;
6) time and place of drawing up the protocol;
7) the term of detention.
The report is signed by the official who drew up it, the suspect and the defence counsel (
with his participation).
The report shall be accompanied by a medical examination report.
3. The person, performing the pre-trial investigation shall inform in writing the procurator
about the detention within twelve hours from the moment of making the protocol of detention
.
4. A person may be detained on suspicion of committing a crime for a period not
exceeding forty-eight hours and a minor for a period not exceeding twenty-four hours, with
the exception of the following cases in which detention for a period not exceeding
seventy-two hours is permitted:
1) detention on suspicion of a particularly serious crime;
2) detention on suspicion of committing a terrorist or extremist crime;
3) detention on suspicion of committing a crime in the course of a mass riot;
4) detention on suspicion of committing a crime within a criminal group;
5) detention on suspicion of committing crimes related to illicit trafficking in narcotic
drugs, psychotropic substances, precursors and their analogues, against sexual inviolability of
minors, as well as intentional crime that caused death of a person;
6) the impossibility to ensure timely delivery of a person to the investigating judge due to
remoteness or lack of proper means of communication, as well as in the conditions of a state
of emergency or emergency.
Footnote. Article 131, as amended by the Law of the Republic of Kazakhstan dated
07.11.2014 № 248-V (shall be enforced from 01.01.2015); № 118-VI dated 21.12.2017 (shall
be enforced upon the expiration of ten calendar days after its first official publication); № 292
-VІ dated December 27, 2019 (see Article 2 for the enactment procedure).