1. If there are sufficient grounds to believe that the suspected, the accused would hide
from criminal prosecution bodies or court, or prevent the objective investigation of the case or
proceeding in court, or will continue to engage in criminal activity, as well as to ensure the
execution of the sentence, the body conducting the criminal proceedings within its powers
may apply to these persons one of the preventive measures, provided for in Article 137 of this
Code.
1-1. When electing a suspect or accused person, it is necessary to consider the possibility
of applying a less stringent preventive measure, if any.
2. The persons, suspected or accused of committing criminal offences, stipulated in
Articles 99, 106, 107, 108-1 (part two), 109-1 (part two), 110, 120, 121 (part 3-1), 122, 123,
124, 170 (part four), 175, 177, 178, 184, 255 (part four), 263 (part five), 286 (part four), 297 (
part four), 297-1 (part four), 298 (part four), 299 (part four) of the Penal Code of Republic of
Kazakhstan, detention as a preventive measure may be applied on the grounds of the gravity
of the crime committed and (or) the qualification of the criminal offense.
3. To the persons suspected, accused in commitment of crimes in sphere of economic
activity, except for the criminal offences provided by articles 217, 218, 218-1, 231, 234, 248
and 249 of the Criminal code of the Republic of Kazakhstan, the preventive measure in the
form of a detention shall not be applied, except for the cases provided by points 4) and 5) of a
part one of article 147 of the present Code.
Footnote. Article 136 as amended by the laws of the Republic of Kazakhstan dated
21.12.2017 № 118-VI (shall be enforced upon the xpiration of ten calendar days after the day
of its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon the
expiration of ten calendar days after the day of its first official publication); dated 12.07.2023
№ 23-VIII (effective ten calendar days after the date of its first official publication); dated
15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first
official publication); dated 02.01.2025 № 150-VIII (shall be enforced upon expiry of sixty
calendar days after the date of its first official publication).

. Justice is administered on the basis of equality before the law and the court.
2. In the course of criminal proceedings, no one may be subjected to any discrimination
on grounds of origin, social, official or property status, sex, race, nationality, language,
attitude to religion, beliefs, place of residence or any other circumstances.
3. Terms of the criminal proceedings against persons, enjoying privileges or immunity
from criminal prosecution, shall be determined by the Constitution of the Republic of
Kazakhstan, this Code, the laws and international treaties, ratified by the Republic of
Kazakhstan.

1. A judge in the administration of justice shall be independent and subject only to the
Constitution of the Republic of Kazakhstan and the law.
2. Any interference in the activities of the court in the administration of justice is
prohibited and shall be punishable by law. Judges shall not be accountable in specific cases.
3. Guarantees of independence of the judge shall be established by the Constitution of the
Republic of Kazakhstan and the law.

1. Criminal proceedings are based on the principle of competitiveness and equality
between prosecution and defense parties.
2. Criminal prosecution, defense and resolution of the case by the court are separated from
each other and carried out by different bodies and officials.
3. The burden of proof of guilt of a person in committing a criminal offence and a
refutation of his (her) arguments in his (her) defense are assigned to the bodies of criminal
prosecution, and in the court - to the public and private prosecutors.
4. The defence counsel must use all means and methods envisaged by law to protect a
witness who has the right to defend himself/herself, a suspect, an accused, a defendant, a
convicted person, an acquitted person.
5. The Court is not a body of criminal prosecution, does not act for the prosecution or the
defense, and does not express any interest, except for the interests of law.
6. The Court, while maintaining objectivity and impartiality, shall create the necessary
conditions for the performance by the parties of their procedural duties and exercise the rights
granted to them.
7. The parties, involved in the criminal procedure are equal it means that they are granted
in accordance with the Constitution of the Republic of Kazakhstan and this Code with equal
opportunities to defend their position. The court shall establish procedural decision only on
the evidence to the study of which each of the parties is involved on an equal basis.
8. The parties in the course of the criminal proceedings choose their position, the methods
and means to defend themselves independently of the court, other bodies and persons. The
court at the request of the party helps it to obtain the necessary materials in the manner
prescribed by this Code.
9. State prosecutor and private prosecutor may prosecute criminally a certain person or in
cases stipulated by law, abandon the prosecution. The suspected, accused, defendant may
freely deny their guilt or confess guilt, reconcile with the complainant, conclude a procedural
agreement, the agreement on reconciliation in the order of mediation. The civil claimant shall
have the right to abandon the claim or to settle amicably with the civil defendant. The civil
defendant shall have the right to recognize the claim or to settle amicably with the civil
claimant.
10. The court shall provide the parties with the right to consider the case in the first and
appeal court; an accused and his/her defender and other participants in the proceedings shall
be allowed to participate in the consideration of the case in the cassation procedure, during
the proceedings on newly discovered circumstances and consideration of issues related to the
execution of the verdict. The prosecution party must be represented by the state or private
prosecutor in the consideration of each criminal case by the court. Other cases where the
parties are obliged to participate in the consideration of a case by the court shall be
determined by this Code.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated
31.10.2015№ 378-V (shall be enforced from 01.01.2016); № 210-VIII of 16.07.2025 (shall
be put into force upon expiry of sixty calendar days after the date of its first official
publication).

1. The court, procurator, investigator, interrogating officer shall take all measures
prescribed by law for comprehensive, full and objective investigation of the circumstances,
necessary for the proper resolution of the case.
The court examines the evidence available in the case and presented by the methods
stipulated by this Code. The court may not, on its own initiative, gather additional evidence in
order to eliminate incompleteness of pre-trial investigation.
2. The bodies of criminal prosecution shall identify the factual evidence upon which the
circumstances relevant to the case are established.
3. The court, considered a criminal case, maintaining objectivity and impartiality, shall
create the necessary conditions for prosecution and defense parties to exercise their right to a
comprehensive and complete investigation of the case.
4. The Court is not bound by the views of the parties on the necessity and sufficiency of
investigation of the evidence, existing in the case and presented in the hearing by the parties,
except as provided for by Article 380 of this Code.
5. The circumstances of the case, criminating or excusatory a suspected, accused,
defendant, as well as any circumstances, mitigating or aggravating their liability and
punishment shall be subject to identification. The body, conducting the criminal proceedings
shall inspect all allegations of innocence or lesser degree of guilt, as well as on the existing of
the evidence justifying the suspected, accused, defendant or mitigating their liability, as well
as the use of illegal methods of investigation in collecting and securing evidence.

1. The judge, procurator, investigator, interrogating officer shall evaluate evidence on
their inner conviction, based on the totality of the evidence considered, guided by the law and
conscience.
Juror shall evaluate the evidence according to his (her) inner conviction, based on the
totality of the evidence considered, guided by conscience.
2. No evidence has a predetermined force.

The persons, detained on suspicion of committing a criminal offence shall be in temporary
detention facilities. Military personnel and persons serving a sentence of imprisonment,
detained on suspicion of committing a criminal offence may also be contained respectively in
the guardhouse and institutions of the penal system, executing a sentence of imprisonment. In
the cases, provided for in paragraph 9) of the second and third part of Article 61 of this Code,
the persons, detained on suspicion of committing a criminal offence shall be contained in
specially adapted premises, defined by the head of the body of inquiry. Under the conditions
of the state of emergency the persons, detained on suspicion of committing a criminal offence
may be held in facilities, designed for the purpose determined by the commandant of the area.
The procedure and conditions of detention of persons, detained on suspicion of committing a
criminal offence shall be defined by the legislation of the Republic of Kazakhstan.

1. If there are sufficient grounds to believe that the suspected, the accused would hide
from criminal prosecution bodies or court, or prevent the objective investigation of the case or
proceeding in court, or will continue to engage in criminal activity, as well as to ensure the
execution of the sentence, the body conducting the criminal proceedings within its powers
may apply to these persons one of the preventive measures, provided for in Article 137 of this
Code.
1-1. When electing a suspect or accused person, it is necessary to consider the possibility
of applying a less stringent preventive measure, if any.
2. The persons, suspected or accused of committing criminal offences, stipulated in
Articles 99, 106, 107, 108-1 (part two), 109-1 (part two), 110, 120, 121 (part 3-1), 122, 123,
124, 170 (part four), 175, 177, 178, 184, 255 (part four), 263 (part five), 286 (part four), 297 (
part four), 297-1 (part four), 298 (part four), 299 (part four) of the Penal Code of Republic of
Kazakhstan, detention as a preventive measure may be applied on the grounds of the gravity
of the crime committed and (or) the qualification of the criminal offense.
3. To the persons suspected, accused in commitment of crimes in sphere of economic
activity, except for the criminal offences provided by articles 217, 218, 218-1, 231, 234, 248
and 249 of the Criminal code of the Republic of Kazakhstan, the preventive measure in the
form of a detention shall not be applied, except for the cases provided by points 4) and 5) of a
part one of article 147 of the present Code.
Footnote. Article 136 as amended by the laws of the Republic of Kazakhstan dated
21.12.2017 № 118-VI (shall be enforced upon the xpiration of ten calendar days after the day
of its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon the
expiration of ten calendar days after the day of its first official publication); dated 12.07.2023
№ 23-VIII (effective ten calendar days after the date of its first official publication); dated
15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first
official publication); dated 02.01.2025 № 150-VIII (shall be enforced upon expiry of sixty
calendar days after the date of its first official publication).

1. The preventive measures are:
1) recognizance not to leave and good behaviour;
2) a personal suretyship;
3) placing a serviceman under the supervision of the commander of a military unit;
4) returning a minor under supervision;
5) a bail;
6) house arrest;
7) detention in custody.
2. If necessary, in relation to the person to whom the preventive measure is applied,
except for placing a serviceman under the supervision of the commander of the military unit
and the detention, can be applied electronic means of tracking.
A notice on the application of electronic means of tracking and explaining the suspected,
the accused their appointment shall be made in the decision on the application of preventive
measures.
3. The use of electronic means of tracking is permitted under the condition of taking
measures to conceal them from observing others and should take into account the places
visited by the suspected, the accused, and ways of their moving, as well as the age, health,
marital status and lifestyle.
4. The procedure, conditions and grounds for using electronic tracking shall be
determined by the Government of the Republic of Kazakhstan.

1. The right to sanction detention shall belong to the investigating judge, and in the cases
stipulated by paragraphs 2) and 3) of paragraph 7 of Article 107 of the present Code - to the
judges of the oblast and equivalent court.
2. The investigating judge, in compliance with the procedure defined in Article 56 of this
Code, shall consider a petition for sanctioning of a preventive measure in the form of
detention in custody within eight hours from the receipt of the materials to the court with the
participation of the prosecutor, the suspect, the accused, his defender.
The investigating judge introduces the defender to the received materials.
A legal representative and representative may also participate in the court session, whose
absence in the event of their timely notice about the place and time of the court session by the
court shall not prevent the conduct of the court session.
A protocol shall be kept during the court session.
3. When solving issues related to the sanctioning of detention in custody, the investigating
judge, in addition to examining the materials of the case relating to circumstances taken into
account in the selection of this preventive measure, checks the validity of a person's suspicion
of committing a crime.
If necessary, the judge shall have the right to request a criminal case.
4. Consideration by the investigating judge of an application for sanctioning of the
preventive measure in the form of detention in custody in the absence of the suspected, the
accused shall be allowed only in cases of their ads in the search or location outside the
Republic of Kazakhstan and evasion to appear in the body, conducting the criminal
proceedings, with proper notice of the time and place of the court session. In the case of
detention, the suspected, the accused shall be convoyed to the investigating judge to review
the reasonableness of the use of the selected preventive measure.
5. At the beginning of the session, the investigating judge announces what application
should be considered, clarifies for those who appeared at the session their rights and
responsibilities. The procurator then justifies the need for selection as a preventive measure of
the detention in custody of the suspected, and then the suspected, the accused and others who
come to the court session shall be heard.
The suspect, the accused, as well as in their interests, a defense counsel during
consideration of this petition of the prosecutor shall have the right to file a petition for
applying another preventive measure provided for in part one of Article 137 of this Code.
6. In the case that the investigating judge makes a decision to refuse the sanctioning of
house arrest, the use of a pledge, the prosecutor shall have the right to bring a petition to him
according to the rules established by Article 107 of this Code.
7. Upon consideration of the petition for sanctioning of a preventive measure in the form
of detention in custody of a suspect or accused, the investigating judge shall issue one of the
following decisions:
1) on sanctioning of detention in custody;
2) on sanctioning of detention in custody for a period to ten days in the absence of
sufficient grounds for sanctioning detention for a period of two months;
3) on refusal of sanctioning of detention in custody. In case of refusal of sanctioning this
measure of restraint, the investigating judge shall have the right to choose another measure of
restraint, provided by part one of Article 137 of this Code.
7-1. The investigating judge in the decision on authorization of detention shall be obliged
to indicate the reasons for the choice of this preventive measure and impossibility to apply
less stringent preventive measures.
8. The investigating judge in making the decision on sanctioning of the preventive
measure in the form of detention in custody, except in cases of particularly serious crimes,
shall determine the amount of bail, sufficient to ensure the execution by the suspected, the
accused of obligations under part three of Article 140 of this Code, except in cases provided
by part nine of this article.
The decision of the investigating judge and the court shall specify which obligations
provided for in Article 140 of this Code, shall be imposed on the suspected, accused in the
case of a bail, the consequences of non-execution, the validity of the selection of the amount
of the bail, as well as the possibility of its application.
The suspected, the accused or other person shall have the right at any time to pay a bail in
the amount, specified in the decision of the investigating judge and the court on sanctioning
of the preventive measure in the form of detention in custody.
9. The pledge shall not be established when the investigating judge and the court make the
decision on sanctioning of the preventive measure in the form of detention in custody, in the
following cases:
1) suspicion, accusation of a person in committing intentional crimes that resulted in death
of the victim;
2) suspicion and accusation of a person in committing a crime as part of a criminal group;
terrorist and (or) extremist crimes; especially grave crimes provided for in Chapters 1, 4, 5, 11
and 17 of the Criminal Code of the Republic of Kazakhstan, as well as especially grave
crimes committed in an emergency situation or in the course of mass disorders; especially
grave war crimes committed in wartime or in a combat situation;
3) the availability of sufficient grounds to believe that the suspect, the accused will
interfere with the court proceeding or escape from the investigation and the trial;
4) the availability of data (evidences) on continuation of criminal activity by the suspect,
the accused;
5) violation by the suspect, the accused of previously chosen preventive measure in the
form of a pledge for the criminal case under investigation.
10. The decision of the investigating judge shall be immediately handed to the person,
against whom it is made, and sent to the person, conducting the pre-trial investigation, the
procurator, the victim and the head of the institution of the place of detention, where the
suspected, the accused stay, and shall have immediate effect.
11. The decision on sanctioning of detention in custody of the suspect, the accused or
refusal to do so may be appealed, revisioned at the request of the prosecutor in the manner
provided for in Article 107 of this Code.
12. The consideration by a provincial court or a court of equivalent jurisdiction of the
question of authorizing the detention of a suspect or accused person in cases in which the
judge's decision to refuse to authorize detention is overruled shall be carried out in accordance
with the procedure set out in article 107 of the present Code.
13. Repeated appeal to the court with the request to sanction of the preventive measure in
the form of detention in custody in respect of the same person for the same criminal case after
the issuance by the investigating judge and the court of the decision on refusal of sanctioning
of this preventive measure shall be possible only in the event of new circumstances, justifying
the detention in custody.
14. On the use of detention as a preventive measure, the person conducting the pre-trial
investigation shall be obliged to notify the relatives of the suspect, and if it is applied to a
foreigner - also the embassy, consulate or other representation of this state through the
Ministry of Foreign Affairs of the Republic of Kazakhstan in the manner prescribed Article
135 of this Code.
Footnote. Article 148 as amended by the Laws of the Republic of Kazakhstan dated
31.10.2015№ 378-V(shall be enforced from01.01.2016); dated 03.07.2017 № 84-VI (shall be
enforced upon expiry of ten calendar days after the day its first official publication); dated
11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first
official publication); № 180-VI dated 12 July 2018 (shall be enforced upon the expiration of
10 calendar days after its first official publication); № 292-VІ dated December 27, 2019 (see
Article 2 for the enactment procedure).