Article 118. Material evidence of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

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1. Physical evidence is recognized as:

1) objects, if there is reason to believe that they served as an instrument or other means of committing a criminal offense;

2) items that have retained or could retain traces of a criminal offense;

3) objects that were objects of socially dangerous encroachment;

4) money, valuables and other property obtained as a result of committing a criminal offense;

5) money, valuables, other property, objects, documents that may serve as a means to detect a criminal offense, establish the actual circumstances of the case, identify the guilty person or refute his guilt or mitigate liability..

2. Material evidence shall be attached to the case by a resolution of the body conducting the criminal proceedings, or by a protocol drawn up in accordance with the requirements of Article 527 of this Code, and shall remain with it until the entry into force of the verdict or decision to terminate the case, with the exception of the cases provided for in part four of Article 221 of this Code. The procedure for the inspection of physical evidence and its storage is determined by Article 221 of this Code.

3. When making a decision to terminate a criminal case or sentence, the issue of physical evidence must be resolved. At the same time:

1) tools and (or) means of committing a criminal offense belonging to the person who committed the criminal offense are subject to confiscation on the basis of Article 48 of the Criminal Code of the Republic of Kazakhstan.;

1-1) tools and (or) means of committing a criminal offense, legally owned by a person who did not know or should not have known about the illegal purposes of using his property, are subject to return to this person.;

1-2) in other cases, the instruments and (or) means of committing a criminal offense are transferred to the appropriate institutions to certain persons or destroyed.;

2) items prohibited for circulation or restricted in circulation are subject to transfer to appropriate institutions or are destroyed.;

3) items that are not valuable and that cannot be used are subject to destruction, and if requested by interested persons or institutions, they may be given to them.;

4) money and other property obtained by criminal means or acquired with funds obtained by criminal means, with the exception of property and proceeds from it, which must be returned to their rightful owner, as well as items of illegal business and contraband, are subject to a court decision to be converted into state revenue; the remaining items are given to the rightful owners, and if the latter are not identified, they are transferred to state property. In the event of a dispute over the ownership of these items, the dispute is subject to resolution through civil proceedings.;

5) documents that are material evidence remain in the case during the entire storage period of the latter or are transferred to interested individuals or legal entities in accordance with the procedure provided for in part four of Article 120 of this Code.

4. The procedure for seizure, accounting, storage, transfer and destruction of material evidence, documents on criminal cases by the court, prosecutor's office, criminal prosecution and judicial examination bodies shall be established by the Government of the Republic of Kazakhstan.

The footnote. Article 118 as amended by the Laws of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective after ten calendar days after the date of its first official publication); dated 27.12.2019 No. 292-VI (for the procedure of entry into force, see art. 2); dated 27.12.2021 No. 88-VII (effective after ten calendar days after the date of its first official publication).

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