Arrest for national proceedings

Kazakhstan

Kazakhstan - Criminal Code 2014 (2023) EN

Article 45. Arrest

1. Arrest implies isolation of the convicted person from the society for the whole term of the imposed or replaced punishment.

2. Arrest shall be established for a term of ten to fifty days. The term of detention shall be included in the term of arrest.

3. Arrest shall not be imposed or applied as a substitute for punishment to minors, pregnant women, women having or bringing up a minor child, men bringing up a minor child alone, women aged fifty-eight and over, men aged sixty-three and over, persons with disabilities of the first or second group.

4. Arrest shall be served by military servants in the detention room.

5. When replacing the punishment, the term of arrest may be below the lower limit established by this Article.

Rome Statute

Article 59 Arrest proceedings in the custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.

2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

(a) The warrant applies to that person;

(b) The person has been arrested in accordance with the proper process; and

(c) The person's rights have been respected.

3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.