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03/19/2026

Law of the Republic of Kazakhstan dated 30 March 1999 No. 353-I 'On the Procedure and Conditions for Detention of Persons in Special Institutions, Special Rooms Providing Temporary Isolation from Societies'

Year: 1999

Type: Domestic law

Rights Category: Liberty & security of person

Description

Law of the Republic of Kazakhstan dated 30 March 1999 No. 353-I 'On the Procedure and Conditions for Detention of Persons in Special Institutions, Special Rooms Providing Temporary Isolation from Societies'

Selected provisions
Article 1-1. Main goals, objectives and principles of this Law

1. The main objectives of this Law shall be to ensure the protection of the rights, freedoms
and legitimate interests of individuals held in special institutions and special premises that
ensure temporary isolation from society, and to ensure the legality of the detention of such
persons in them.
The detention of individuals in special institutions and special premises shall be carried
out for the purpose of executing criminal penalties, measures of criminal procedural coercion,
administrative punishment, ensuring proceedings in the case of an administrative offense and
protecting the rights, freedoms and legitimate interests of citizens, the interests of society and
the state and should not be accompanied by actions aimed at causing physical or moral
suffering to individuals held in special institutions.
2. The main tasks of this Law shall be to determine the order and conditions of detention
of individuals in special institutions and special premises, to ensure the observance of their
rights, freedoms and legitimate interests.
3. This Law shall be based on the following basic principles:
1) legality;
2) equality of citizens before the law and the court;
3) humanism;
4) respect for the honor and dignity of the person.
Footnote. Chapter 1 as added by the Article 1-1 in accordance with the Law of the
Republic of Kazakhstan dated 30.06.2025 № 203-VIII (shall enter into force upon expiry of
ten calendar days after the day of its first official publication).

Article 14. The regime in the places of detention in custody

1. The regime, providing observance of rights of suspected and accused, execution by
them their obligations, their isolation, as well as performance of tasks, provided by the
Criminal Procedure Code of the Republic of Kazakhstan shall be established in the places of
detention in custody.
2. Ensuring of regime shall be imposed on administration, as well as servants of places of
detention in custody, that shall bear responsibility, established by the Law for non-fulfilment
or improper fulfilment of official obligations.

Article 15. Internal order in the places of detention in custody

1. In order to ensure the regime in places of detention, the Ministry of Internal Affairs, the
National Security Committee and the Ministry of Defense of the Republic of Kazakhstan shall
approve the Internal Regulations in places of detention of suspects, accused and defendants of
committing criminal offenses (hereinafter referred to as the Internal Regulations).
Internal regulations shall establish the procedure for:
1) reception and placement of suspects, accused and defendants in cells;
2) conducting a personal search, fingerprinting, photographing, as well as inspecting the
belongings of suspects, accused and defendants;
3) seizure of objects, substances and food prohibited for storage and use from suspects,
accused and defendants;
4) material support for suspects and accused;
5) the acquisition by suspects, accused and defendants of food, as well as basic necessities
and other industrial goods;
6) reception and transfer of parcels and parcels to suspects, accused and defendants;
7) receiving and sending telegrams, letters, money transfers by suspects, accused and
defendants;
8) sending proposals, statements and complaints by suspects, accused and defendants;
9) religious rites by suspects, accused and defendants;
10) attracting the accused to work;
11) participation of suspects, accused and defendants in family law relations and civil law
transactions;
12) subscription of suspects, accused and defendants to newspapers and magazines;
13) health care for suspects, accused and defendants;
14) conducting daily walks of suspects, accused and defendants;
15) meetings of suspects, accused and defendants with the persons listed in Article 17 of
this Law;
16) ensuring the participation of suspects, accused and defendants in investigative actions
and court hearings;
17) personal reception of suspects, accused and defendants by the head of the
administration of the place of detention and persons authorized by him;
18) extradition of bodies of suspects, accused and defendants who died in places of
detention;
19) the application of measures of encouragement and recovery to suspects, accused and
defendants;
20) release of suspects, accused and defendants from custody.
2. Internal regulations also establish Rules of conduct for suspects, accused and
defendants in places of detention, list and quantity of food, basic necessities, footwear,
clothing and other industrial goods, which suspects, accused and defendants may have with
them, keep, receive in parcels, transfers and purchase by bank transfer, and also indicate a list
of services provided to suspects, accused and defendants for a set fee.
Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated
20.12.2004 № 13 (shall be enforced from 01.01.2005); dated 29.12.2004 № 25; dated
03.07.2014 № 227-V (shall be enforced from 01.01.2015); dated 04.07.2014 № 233-V (shall
be enforced from 01.01.2015); dated 16.07.2025 № 210-VIII (shall enter into force upon
expiry of sixty calendar days after the day of its first official publication).

Article 17. Appointments with defenders, relatives and other persons

1. From the moment of arrest, the suspects, accused and defendants are granted private
and confidential meetings with the advocate. The number and duration of meetings are not
limited.
The appointments shall be provided with:
1) with a lawyer participating in the case as a attorney - upon presentation of a lawyer's
certificate and a written notice of protection (representation), provided for by the Law of the
Republic of Kazakhstan "On advocacy and legal assistance";
2) representatives of trade unions and other public associations, being defender, - on
presentation of relevant decision of public association or its governing body on assignment as
defender;
3) with other persons participating in the case as advocates - upon presentation of a court
order, a resolution of an investigator or an inquiry officer, as well as an identity document;
4) with an official representative of a diplomatic mission or consular office of a foreign
state - upon presentation of a decision of the body conducting the criminal proceedings.
2. On the basis of the written permission of the person or body conducting the criminal
proceedings, the suspects, accused and defendants may be granted no more than two, and
minors - no more than three meetings a month with relatives and other persons, each lasting
up to three hours.
3. Meetings with relatives and other persons are carried out under the supervision of
employees of places of detention. In the event of an attempt to transfer to the suspect, the
accused and the defendant the prohibited items, substances and foodstuffs or information that
may obstruct the establishment of the truth in a criminal case or contribute to the commission
of a crime, the meetings are terminated early.
4. Is excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (the
order of enforcement see Article 2).
5. The number and duration of appointments shall be provided to the contagious patient (
HIV / AIDS and tuberculosis) in the established procedure, after preliminary conversation
with medical worker (doctor) and written notification on possibility of infection
Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated
11.12.2009 № 230-IV (shall be enforced from 01.01.2010); dated 05.07.2018 № 177-VI (
shall be enforced from 01.01.2019); dated 27.12.2019 № 292-VІ (the order of enforcement
see Article 2).

Article 18. Ensuring of personal security of suspected and accused

Upon occurrence of the threat for life and health of suspected and accused or the threat of
commission a crime against the personality of other suspected and accused, the servants of
the places of detention in custody shall be immediately obliged to take measures on ensuring
of personal security of suspected or accused, in relation of whom such threat is occurred.

Article 19. Communications

1. Suspected and accused shall be permitted to receive and post not more than two letters
and telegrams in month to their relatives and other persons. Post and reception of
correspondence shall be carried out at the expense of suspected and accused.
2. Communication of suspected and accused shall be carried out only through the
administration of the place of detention in custody, by permission of person or body, in the
processing of whom there is a criminal case and shall subject to censure, except for the cases,
provided by paragraph 2 of Article20 of this Law.
3. The letters, containing details, which may interfere to establish the truth on criminal
case or contribute to commit a criminal infraction, executed by cryptography, cipher,
containing the state or other legally protected secret shall not be posted, and shall not be
served and transferred to the person and body, in the processing of whom there is a criminal
case.
4. Correspondence of the suspected and accused with persons detained in the institutions
of the penitentiary system shall be carried out with the permission of a person or the body in
the processing of whom there is a criminal case.
5. Service of letters, receiving to the name of suspected and accused, as well as post of his
(her) letters to the addressees shall be carried out by administration of the place of detention
in custody not later than three days from the date of receipt of the letter or delivery it to the
suspected and accused, except for the holidays and weekends. If it is necessary to translate the
letter to the state or officially used Russian language, the term of delivery of letter may be
increased for the time, needed for the translation.
6. Information about the death or serious illness of close relatives shall be reported to the
suspected and accused immediately after its reception.
7. The letters received for the name of the suspected or accused after his departure from
the place of detention in custody shall be posted to the place of his departure no later than two
working days after their receipt.
Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated
03.07.2014 № 227-V (shall be enforced from 01.01.2015); dated 18.04.2017 № 58-VI (shall
be enforced upon expiry of ten calendar days after the day its first official publication).

Article 20. Direction of proposals, applications and complaints

1. Proposals, applications and complaints of suspected and accused, addressed to the state
bodies, bodies of local self-government, public associations and mass media shall be directed
through the administration of the place of detention in custody.
2. Proposals, applications and complaints addressed to the President of the Republic of
Kazakhstan, the Government of the Republic of Kazakhstan, the Commissioner for Human
Rights in the Republic of Kazakhstan and his representatives, the prosecutor, the court, as
well as the central state bodies (their departments and bodies), which shall be in charge of
special institutions and premises, guardhouses, shall not be subject to censorship and shall be
immediately sent to the addressee in sealed form.
3. Proposals, applications and complaints, addressed to the state bodies shall be
considered by administration of the place of detention in custody and directed not later than
the day of its submission.
4. The procedure, established by paragraph 3 of Article 19 of this Law shall be applied in
relation of proposals, applications and complaints, containing details, which may interfere to
establish the truth on criminal case or contribute to commit a criminal infraction, executed by
cryptography, cipher, containing the state or other legally protected secret.
5. Complaints to the actions and decisions of court, interrogating officer, the head of
investigative body, investigator or prosecutor shall be immediately directed in the procedure
provided by Criminal Procedure Code of the Republic of Kazakhstan.
6. Answers to the proposals, applications and complaints shall be declared to the
suspected and accused on receipt, and attached to personal matters.
7. Prosecution of suspected and accused in any form for applying with proposals,
applications or complaints shall not be allowed in connection with violations their rights and
legal interests. Civil servants of places of detention in custody, guilty in such prosecution
shall bear responsibility in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated
04.07.2014 № 233-V (shall be enforced from 01.01.2015); dated 30.06.2025 № 203-VIII (
shall enter into force upon expiry of ten calendar days after the day of its first official
publication)

Article 21. Meals, acquisition of food products and articles of daily necessity

Suspected and accused shall be provided by free meals, sufficient for support of health
and energy, at rates, determined by the Government of the Republic of Kazakhstan. The right
to acquire the food products, articles of daily necessity, as well as other industrial goods by
cashless transfers, except for the prohibited for storage and use shall be granted to the
suspected and accused.

Article 22. Material and social support

1. Administration of the place of detention in custody shall be obliged to provide
conditions, complying with the requirements of hygiene, sanitation and fire safety to the
suspected and accused.
2. Suspected and accused shall be detained in the premises, on the basis of the standard of
sanitary areas for one person not later than two and a half square meters.
3. Suspected and accused shall be provided by individual sleeping place, bedding items
and cutlery.
4. All cells shall be provided by means of broadcasting. Distribution of literature and
publications of printed media shall be allowed to the cells from the library of the place of
detention in custody.

Article 23. Health service support

1. Administration of the place of detention in custody shall be obliged to provide
observance of established sanitary and hygienic and epidemiological requirements, health
protection of suspected and accused.
2. The National Security Committee and the Ministry of Defence shall determine the
procedure for providing medical, including psychiatric, care to suspects and accused persons,
as well as the procedure for keeping them in medical institutions and involving the personnel
of these institutions in their care, in coordination with the competent authority responsible for
health care.
2-1. The administration of the remand centre of the criminal enforcement (penitentiary)
system shall provide premises for the medical care of suspects and accused persons and
ensure the proper functioning of these premises.
3. In cases of bodily injury of suspects and accused persons, medical personnel of places
of detention shall examine them without delay. The medical examination results shall be
recorded in due course and communicated to the victim. If so decided by the head of the
administration of the place of detention or the person or body in charge of the criminal case,
medical examinations shall be conducted by staff of medical organisations.
4. In the case of serious diseases or death of suspected or accused, administration of the
place of detention in custody shall inform their close relatives and prosecutor, who makes
inspection on this fact. The body of the deceased after post mortem examination, as well as
production of actions, provided by the legislation shall be transferred to the persons, its
demand. Disposal of deceased, the body of which is not demanded shall be carried out at the
expense of the state.
5. In the case of detection of serious diseases of the suspected or accused from which the
death may occur, administration of detention facility shall have a right to raise a question on
the change of preventive measure before the prosecutor and body, in whose processing the
case is, on the change of preventive measure.
6. In the case of the death of a foreigner detaining in the detention facility or a room of
temporary facility, the administration of the place of detention in custody shall immediately
inform on that fact the General Prosecutor, the Ministry of Foreign Affairs, the Ministry of
Internal Affairs and the Committee for National Security of the Republic of Kazakhstan. In
addition, the procurator supervising the application of laws in places of detention, as well as
the embassy or other representatives of the state the citizen of which the deceased was, is
notified in written form.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 29
December, 2004 № 25; dated 18.04.2017 № 58-VI (shall be enforced upon expiry of ten
calendar days after the day its first official publication); № 95-VII of 30.12.2021 (shall be
effective on 01.07.2022).

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