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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 24. Reception of packages, parcels and money transfers

1. Suspected and accused shall be allowed to receive unlimited number of packages and
parcels, the weight of which is not exceed the standards, provided by postal regulations.
2. Money transfers, incoming to the suspected and accused to the places of detention in
custody shall be credited to their personal accounts. Suspected and accused may send the
money transfers to the relatives and other persons with the permission of administration of the
places of detention in custody.
3. The administration of places of detention shall receive medication for suspects and
accused persons on the opinion of a doctor, in cases where it is not possible to provide them
with such medication.
4. Items, substances and food products, which constitute a danger for life or health of
persons or may be used as crime instruments, or for obstruction of objectives of detention in
custody shall be prohibited to transfer to the suspected and accused.
5. Suppression from inspection or transfer of items, substances and food products,
prohibited for storage and use to the suspected and accused, as well as transfer them any of
items, substances and food products, contrary to the established rules shall entail
responsibility in accordance with the legislation.
Footnote. Article 24 as amended by Law of the Republic of Kazakhstan of 30.12.2021 №
95-VII (shall be enacted on 01.07.2022).

Article 25: Provision of additional paid services

1. To the greatest extent possible, suspected, accused and remand prisoners shall be
provided with additional paid domestic and medical services in remand prisons.
2. Paid domestic services, the list of which and the procedure for their provision shall be
established by the Ministry of Internal Affairs and the National Security Committee of the
Republic of Kazakhstan, shall be provided to suspects, accused persons and defendants by the
administration of the remand centre.
3. Medical institutions located in pre-trial detention centres shall provide paid medical
services to suspects, accused persons and defendants as required by the legislation of the
Republic of Kazakhstan.
Footnote. Article 25 as reworded by Law of the Republic of Kazakhstan № 95-VII of
30.12.2021 (shall be enacted on 01.07.2022).

Article 26. Involvement of accused to labor

1. In the existence of relevant conditions, the accused, at their request, shall be involved to
labor in the established procedure, in the territory of detention facilities.
2. The salary of accused after detention, provided by the Law shall be transferred to their
personal accounts.
3. Involvement of accused to labor shall not prevent to conduct the preliminary
investigation and interrogation.

Article 27. Ensuring participation of suspected and accused in the investigatory actions and judicial sittings

1. Administration of the places of detention in custody shall ensure reception of suspected
and accused to the places of detention in custody and transfer them to the convoy for sending
to the place of destination by order of investigator, person, carrying out investigation,
prosecutor or the court (judge).
2. Release of suspected and accused from participation in the investigatory actions and
judicial sittings shall be carried out on the basis provided by the legislation.

Article 28. Participation of suspected and accused in the civil transactions

Suspected and accused shall have a right to participate in the civil transactions through
their representatives or directly, with permission of person or body, in the processing of
whom there is a criminal case, and in the procedure, established by the Rules of internal order
, except for the cases, provided by the legislation.

Article 29. Features of detention in custody of women

1. Suspected and accused women may have their children at the age of up to three years.
2. Pregnant women and women with children in places of detention shall be provided with
better material and living conditions, specialized health care and enhanced nutrition and
clothing allowances as decided by the Government of Kazakhstan.
Specialised health care shall be provided pursuant to the procedure prescribed by the
responsible health authority.
3. Daily walks with duration up to three hours shall be provided to the pregnant women
and women, having the children.
4. A placement in disciplinary cell as a measure of penalty may not be applied to the
pregnant women and women, having the children.
5. In the case of necessity, administration of the place of detention in custody may make
an application on temporary transfer of the child to the relatives or other persons, or to the
childcare centre in the procedure established by the Law.
Footnote. Article 29 as amended by the Law of the Republic of Kazakhstan 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 from 01.07.2022).

Article 30. Features of detention in custody of minors

1. To the suspected and accused minors shall be created improved living conditions,
established enhanced food standards. Determined by the Government of the Republic of
Kazakhstan.
2. Daily walks of suspected and accused minors shall be established with duration of not
less than two hours.
During the walks the minors shall have the opportunity for exercise and sports.
3. In the existence of conditions, the movies shall be shown, watching television shall be
organized, the premises as well as sport areas in the open air shall be equipped for the sports
activities and other leisure for the suspected and accused minors.
4. To the suspected and accused minors shall be permitted to acquire and receive the
textbooks and school supplies, as well as receive them in the parcels and packages over the
standards, provided by Article 24 of this Law.

Article 32. Separate placement in the cells

1. Placement of suspected and accused in the cells shall be performed in recognition of
their personality and psychological compatibility. Smokers shall be placed separately from
nonsmokers as far as possible.
2. Upon placement of suspected and accused, as well as convicted in the cells observance
of following requirements are compulsory:
1) separately detained:
men and women;
the minors and adults, except for the cases, when for prevention of violations in the cells,
when the minors are detained, detention of positively characterized adults, for the first time
bringing to the criminal responsibility is necessary;
persons, for the first time bringing to the criminal responsibility, and persons, previously
detained in the places of detention;
suspected, accused from convicted, sentences in relation of whom entered into legal force;
suspected and accused by one criminal case or several interconnected cases;
2) separately from other suspected and accused shall be detained:
suspected and accused in commission of especially grave and grievous crimes;
convicted upon dangerous repetition of crimes;
foreigners and persons without citizenship in the existence of conditions for their
detention separately from other suspected, accused;
persons, being or have been the judges, lawyers, employees of judicial bodies, servants of
internal affairs bodies, procuracy, tax, financial police, bodies of the state incomes,
anti-corruption service, economic investigation service, customs bodies, servants and military
servicemen of special state bodies, military servicemen of internal military forces, National
Guard, Armed Forces of the Republic of Kazakhstan;
by the decision of administration of the place of detention in custody or by written
decision of person or body, in the processing of whom there is a criminal case, suspected and
accused, life and health are threatened by other suspected and accused;
afflicted persons with infectious diseases or in need in special medical care and
observation.
Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated
13.02.2012 № 553-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); dated 07.11.2014 № 248-V (shall be enforced upon expiry of ten
calendar days after its first official publication); dated 28.11.2014 № 257 (the order of
enforcement see Subparagraph 12) Article 10); dated 03.07.2014 № 227-V (shall be enforced
from 01.01.2015); dated 10.01.2015 № 275-V (shall be enforced upon expiry of ten calendar
days after its first official publication); № 89-VII of 29.12.2021 (shall enter into force ten
calendar days after the date of its first official publication).

Article 36. Incentives and procedure of their application

1. For exemplary performance of obligations, observance of established procedure of
detention in custody, the following incentives may be applied to the suspected and accused:
1) preschedule withdrawal of early imposed penalty;
2) permission for additional visit the premises for sports activities, as well as for other
forms of leisure activity by the suspected and accused minors.
2. Incentive shall be applied by the head of administration of the place of detention in
custody or his (her) assistant.

Article 37. Measures of penalties

The following measures of penalties may be applied to the suspected and accused for the
failure to fulfill the established obligations:
1) a remark;
2) a reprimand;
3) placement in a disciplinary cell for a period of up to fifteen days;
4) placement in the room of temporary facility of the juvenile suspected and accused for
up to seventy-two hours.
Footnote. Article 37 in the new wording of the Law of the Republic of Kazakhstan dated
18.04.2017 № 58-VI (shall be enforced upon expiry of ten calendar days after the day its first
official publication).