Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Kazakhstan: Judicial Authorization of Arrests Required

(Apr. 2, 2008) On February 21, 2008, the legislature of Kazakhstan amended the nation's Code of Criminal Procedure and the Law on the Prosecutor's Office in regard to the application of preventive punishment in the form of arrest. According to the newly introduced procedure, when choosing arrest as a preventive measure, an investigator is supposed to petition the court for authorization of arrest. The petition will be transferred to the prosecutor, together with other case materials. The public prosecutor will make a decision to support or deny the petition and pronounce the verdict. The prosecutor's refusal to approve an arrest petition can be appealed by the institution of inquiry or the investigator in court or to a higher-level prosecutor. It appears that this procedure will correspond to the constitutional requirements of judicial oversight. (Parliament – Senate Approved Amendment in Legislation, 37-38, KAZAKHSTANSKAIA PRAVDA (daily newspaper), Feb. 22, 2008, at 3.)