Article 118. Physical Evidence

Commentary on Article 118 of the Criminal Procedure Code of the Republic of Kazakhstan

1. Physical evidence shall include:

1) objects where there are grounds to believe that they served as an instrument or other means of committing a criminal offence;

2) objects used in the commission of a criminal offence;

3) objects that have retained or may have retained traces of a criminal offence;

4) objects that were the targets of a socially dangerous infringement;

5) money, valuables and other property obtained as a result of the commission of a criminal offence;

6) money, valuables, other property, objects and documents that may serve as means of detecting a criminal offence, establishing the factual circumstances of a case, identifying the guilty person, or disproving their guilt or mitigating their liability.

2. Physical evidence shall be attached to the case by a resolution of the body conducting the criminal proceedings and shall remain with that body until the judgment or the resolution terminating the case enters into legal force, except for the cases provided for in Part Four of Article 221 of this Code. The procedure for examining and storing physical evidence shall be determined by Article 221 of this Code.

3. When a decision is made to terminate a criminal case or when a judgment is rendered, the issue of physical evidence shall be resolved. In this regard:

instruments and (or) means of committing a criminal offence belonging to the person who committed the criminal offence shall be subject to confiscation on the basis of Article 48 of the Criminal Code of the Republic of Kazakhstan;

1-1) instruments and (or) means of committing a criminal offence lawfully belonging to a person who did not know and should not have known that their property would be used for unlawful purposes shall be returned to that person;

1-2) in other cases, instruments and (or) means of committing a criminal offence shall be transferred to the relevant institutions or designated persons, or destroyed;

2) items prohibited from circulation or restricted in circulation shall be transferred to the relevant institutions or destroyed;

3) items that have no value and cannot be used shall be destroyed and, upon the application of interested persons or institutions, may be handed over to them;

4) money and other property obtained through criminal means or acquired using funds obtained through criminal means, with the exception of property and income derived therefrom that are subject to return to the lawful owner, as well as items involved in illegal entrepreneurship and smuggling, shall, by court decision, be converted into state revenue; the remaining items shall be handed over to their lawful owners, and where the latter have not been identified, shall become state property. In the event of a dispute concerning ownership of these items, the dispute shall be resolved in civil proceedings;

5) documents constituting physical evidence shall remain with the case throughout the entire period of its storage or shall be 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 the seizure, registration, storage, transfer and destruction of physical evidence and documents in criminal cases by courts, prosecution authorities, criminal prosecution authorities and forensic examination authorities shall be established by the Government of the Republic of Kazakhstan.

Footnote. Article 118 was amended by the Laws of the Republic of Kazakhstan dated 28 October 2019 No. 268-VI (shall enter into force upon the expiration of ten calendar days after the date of its first official publication); and dated 27 December 2019 No. 292-VI (for the procedure for its entry into force, see Article 2).

The provisions of Part 1 of Article 118 of the CPC classify as physical evidence objects of a material nature possessing certain characteristics. Let us provide a brief description of these characteristics.

Instruments of a criminal offence within the meaning of Part 1 of Article 118 of the CPC do not necessarily have to be firearms or bladed weapons. They also include other objects of the material world that are directly used to commit a criminal offence (mechanisms, tools, devices, etc.). Other means of committing a criminal offence also serve to achieve the purpose of the criminal infringement, including in combination with the use of instruments of a criminal offence, and may consist of monetary funds, vehicles, means of communication, medicinal products, etc.

Objects that have retained (or may have retained) traces of a criminal offence (Part 1 of Article 118 of the CPC) may include instruments of a criminal offence and other objects, for example, a murder weapon bearing traces of a criminal offence, or financial documents containing information about the methods of committing economic criminal offences or about certain financial transactions relevant to the proper resolution of a criminal case.

Objects serving as the targets of criminal activity (Part 1 of Article 118 of the CPC) may be represented by various items of the material world, depending on the nature of the act, the motives for its commission, etc. This group may properly include movable and immovable property, including money (currency), currency valuables and securities (bonds, shares, bank deposit certificates, etc.) (Articles 115–139-1 of the Civil Code).

Money and other valuables, objects and documents that may serve as means of detecting a criminal offence, establishing the factual circumstances of a case, identifying the guilty person, or disproving their guilt or mitigating their liability (Part 1 of Article 118 of the CPC) constitute a group of diverse physical evidence encompassing all other possible cases of their use in proving the grounds for criminal liability and a person's guilt in committing a criminal offence.

Physical evidence obtained in violation of criminal procedure law (without drawing up a record, without the participation of attesting witnesses, etc.) and attached to the case must be recognized as inadmissible evidence. When examining and assessing physical evidence, courts must not limit themselves solely to inspecting it or reading it out at the court hearing.

It is necessary to question the defendants, victims and other persons participating in the case, and to conduct other procedural actions in order to reveal the substance of the evidence under examination, analyze all its properties, determine whether the information contained therein corresponds to reality, and establish its significance for the purposes of proof (Paragraph 17 of Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated 20 April 2006, “On Certain Issues of the Assessment of Evidence in Criminal Cases”).

As a rule, physical evidence is stored with the case until final procedural decisions are adopted in the case and enter into legal force (judgment, resolution terminating the case), except for the cases provided for in Part 4 of Article 221 of the CPC (Part 2 of Article 118 of the CPC). In general, the procedure for handling such evidence is governed by Article 221 of the CPC.

The issue of the fate of physical evidence in a case is one of the matters resolved by the court in the deliberation room when terminating a criminal case or rendering a judgment (Article 327, Paragraph 12 of Part 1 of Article 390 of the CPC), as well as by the criminal prosecution authority when terminating a criminal case (Part 4 of Article 288 of the CPC).

The forms of disposition of physical evidence specified in Part 3 of Article 118 of the CPC must be reflected in the final procedural decisions of the criminal prosecution authority and the court (confiscation, destruction, return to the lawful owner, transfer to the relevant institutions, etc.).

Certain regulatory resolutions of the Supreme Court contain important provisions concerning the proper application of Part 3 of Article 118 of the CPC. Their substance is as follows.

The exemption of persons who have given bribes from criminal liability on the grounds of extortion of a bribe or voluntary reporting of the giving of a bribe does not mean that their actions lack the elements of a crime. Therefore, such persons cannot be recognized as victims and are not entitled to claim the return of valuables transferred as a bribe. Seized money and other valuables constituting the subject matter of a bribe and recognized as physical evidence shall be converted into state revenue. If the subject matter of the bribe has not been discovered, its value, as unlawfully acquired property, shall be recovered by the court in favour of the state in accordance with the applicable civil legislation. The relevant decision shall be made by the court considering the criminal case and set out in the operative part of the judgment. In cases where extortion of a bribe took place and the bribe-giver reported this to law enforcement authorities before transferring the bribe, the subject matter of the bribe shall be returned to its owner. Other claims concerning the conversion into state revenue of unlawfully obtained property and (or) the recovery of the value of unlawfully obtained services as a result of corruption offences, where no decision has been made on such claims in the judgment, shall be considered in civil proceedings upon claims brought by the prosecutor, state revenue authorities or other state bodies and officials authorized to do so by the laws of the Republic of Kazakhstan (Paragraphs 27, 29–30 of Regulatory Resolution No. 8 of the Supreme Court of the Republic of Kazakhstan dated 27 November 2015, “On the Practice of Considering Certain Corruption Offences”).

In Paragraph 14 of Regulatory Resolution No. 10 dated 18 July 1997, “On the Practice of Applying Legislation on Criminal Liability for Smuggling,” the Supreme Court also indicated that proceeds from the sale of items of smuggling converted into state revenue must be transferred to the state budget in full. Therefore, courts must not include in judgments instructions to transfer a certain portion of the value of items of smuggling converted into state revenue to any special account. If the items of smuggling have been sold by the guilty person, the court must resolve the issue of recovering their value from the convicted person in favour of the state and, where such sale was accompanied by evasion of mandatory payments due to the state, the issue of recovering the corresponding amount of unpaid payments. Where facts are established concerning the illegal movement of smuggled goods or other valuables and items by importing or exporting them across the customs border of the Customs Union and (or) the State Border of the Republic of Kazakhstan using vehicles by persons found guilty of committing offences under Articles 234 and 286 of the Criminal Code, the fate of the vehicles used in the smuggling must be determined depending on whether they have been duly recognized as physical evidence in the case as instruments of the crime.

Similarly, the Supreme Court states in Regulatory Resolution No. 3 dated 24 January 2020, “On Certain Issues of the Application by Courts of Legislation in Cases Involving Criminal Offences in the Sphere of Economic Activity,” that income obtained as a result of committing a criminal offence in the sphere of economic activity is subject to recovery from the guilty person and conversion into state revenue as the result of unjust enrichment acquired through criminal means. Money and other property received by a guilty person as unlawful remuneration (Article 247 of the Criminal Code) shall be returned to their owner in cases where that person mistakenly believed that they were paying for work or services not included within the scope of the convicted person's official duties. Money and other valuables recognized as physical evidence shall be returned to their owner if, before transferring them, the owner reported to the relevant authorities that unlawful remuneration was being extorted from them (Paragraph 35).

Furthermore, pursuant to Subparagraph 4 of Part 3 of Article 118 of the CPC, property and items directly used to generate income in the course of illegal entrepreneurial activity and recognized as physical evidence shall be converted into state revenue, and where they have not been discovered, their value shall be recovered in favour of the state.

Physical evidence in the form of counterfeit money and securities in criminal cases involving offences provided for in Article 231 of the Criminal Code shall be subject to mandatory destruction in order to prevent their re-entry into circulation. Individual samples may, upon their request, be transferred to the relevant expert institutions and authorized units of law enforcement and special agencies, as well as to the National Bank of the Republic of Kazakhstan, for the purpose of creating a database necessary for expert and other examinations (Paragraph 36 of Regulatory Resolution No. 3 of the Supreme Court of the Republic of Kazakhstan dated 24 January 2020, “On Certain Issues of the Application by Courts of Legislation in Cases Involving Criminal Offences in the Sphere of Economic Activity”).

Part 4 of Article 118 and Part 3 of Article 221 of the CPC are of a blanket nature and refer to the relevant resolution of the Government of the Republic of Kazakhstan regulating the procedure for the seizure, registration, storage, transfer and destruction of physical evidence and documents in criminal cases by courts, prosecution authorities, criminal prosecution authorities and forensic examination authorities.

For informational purposes, it should also be noted that the Instruction “On the Procedure for the Seizure, Registration, Storage, Transfer and Destruction of Physical Evidence and Documents in Criminal Cases, Civil Cases and Cases of Administrative Offences by Courts, Prosecution Authorities, Preliminary Investigation Authorities, Inquiry Authorities and Forensic Examination Authorities” was approved by a joint order of the Ministry of Justice of the Republic of Kazakhstan dated 12 November 1998 No. 121, the Prosecutor General of the Republic of Kazakhstan dated 1 December 1998 No. 1043ца, the Chairman of the National Security Committee of the Republic of Kazakhstan dated 8 December 1998 No. 73, the Minister of Finance dated 22 December 1998 No. 598, the Minister of Internal Affairs dated 2 December 1998 No. 429, and the Minister of State Revenues dated 28 December 1998 No. 111.

In view of the express provisions of Part 4 of Article 118 and Part 3 of Article 221 of the CPC, the Government of the Republic of Kazakhstan adopted Resolution No. 1291 dated 9 December 2014, approving the Rules for the Seizure, Registration, Storage, Transfer and Destruction of Physical Evidence, Seized Documents, Money in National and Foreign Currency, Narcotic Drugs and Psychotropic Substances in Criminal Cases by Courts, Prosecution Authorities, Criminal Prosecution Authorities and Forensic Examination Authorities (hereinafter referred to as the Rules), which entered into force on 1 January 2015.

According to the aforementioned Rules:

“When a decision is made to terminate a criminal case or a judgment is rendered, the issue of physical evidence shall be resolved. In this regard:

instruments of a criminal offence shall be subject to confiscation through judicial proceedings or shall be transferred to the relevant institutions or designated persons, or destroyed in accordance with the procedure provided for by these Rules;

items prohibited from circulation or restricted in circulation shall be transferred to the relevant institutions or destroyed;

items that have no value and cannot be used shall be destroyed and, upon the application of interested persons or institutions, may be handed over to them;

money and other valuables acquired through criminal means, as well as items involved in illegal entrepreneurship and smuggling, shall, by court decision, be converted into state revenue; the remaining items shall be handed over to their lawful owners, and where the latter have not been identified, shall become state property (in the event of a dispute concerning ownership of these items, such dispute shall be resolved in civil proceedings);

documents constituting physical evidence shall remain with the case throughout the entire period of its storage or shall be transferred to interested individuals or legal entities in accordance with the procedure provided for in Part Four of Article 120 of the CPC (Paragraph 2).

In cases of damage to or loss of seized physical evidence, valuables and other property, the damage caused shall be compensated in civil proceedings (Paragraph 3).

During pre-trial proceedings, an employee of the body conducting the criminal proceedings shall seize the following items relevant to the case:

items discovered during investigative actions or submitted at the request of the person conducting the pre-trial investigation;

items and documents restricted in circulation (where the owner does not have a permit for their acquisition, use and storage).

Items withdrawn from free circulation include items that may be acquired only under special permits, the list of which is determined by the current legislation of the Republic of Kazakhstan.

The Republic of Kazakhstan, as well as other objects whose manufacture, acquisition, storage, sale and distribution are prohibited by law; 3) identity documents provided for in the Note to Article 300 of the CPC, where the suspect is held in custody; 4) money and other valuables discovered during the seizure of the property of the accused (defendant), against which recovery may be directed for the purpose of compensating the material damage caused or enforcing the judgment in respect of confiscation of property (Paragraph 4).

The fact of seizure of items, valuables and documents shall be recorded in the record of procedural actions provided for by procedural legislation. The body conducting the criminal proceedings shall question the person who submitted the items, valuables and documents, recording in the record their names, the time and place of their discovery, acquisition and storage, as well as other circumstances relevant to establishing the truth. Factual data may be used as evidence only after being recorded in the record of procedural actions (Paragraph 6).

Relevant specialists shall be engaged to seize items, valuables and documents whose handling requires specific skills, precise recording of their qualitative characteristics and individual features, and determination of their value. The discovery and seizure of items, valuables and documents shall be recorded by means of photography, video recording and other scientific and technical means (Paragraph 6).

The record of procedural actions shall list all seized items and documents, as well as the property described. Where a large number of items, valuables and documents are seized, an inventory shall be drawn up on a mandatory basis, attached to the record and constituting an integral part thereof. The inventory shall indicate the exact name, quantity, measurement, weight, series, number and other distinguishing features of each seized object, as well as the time and place of its discovery. Depending on the circumstances of the case, the body conducting the criminal proceedings shall seize a part of an object bearing traces (microtraces) relevant to the criminal case if it is impossible to seize the entire object. In doing so, the body conducting the criminal proceedings shall not damage items belonging to victims and other persons; where unavoidable damage occurs, a corresponding note shall be made in the relevant record and measures shall be taken to compensate citizens for the damage caused.

Items, valuables and documents discovered during an inspection of the scene of an incident, an area or premises, seized during investigative actions, or submitted at the request of the person conducting the pre-trial investigation shall be seized and presented to attesting witnesses, where they are involved, or to other persons present at the time. Where necessary, these items, valuables and documents shall be placed in packaging that excludes the possibility of their damage and ensures the preservation of traces (microtraces) on them. The packaging shall be provided with labels indicating the criminal case number and shall be certified by the certification inscriptions and signatures of the persons participating in the investigative action, the person from whom the items were seized, and the employees of the body conducting the criminal proceedings, and shall also be sealed with the stamp of the relevant authority. If it is impossible to draw up an inventory of the seized items, valuables and documents due to their large number, they shall be placed in packaging bearing labels with certification inscriptions and signatures of the above-mentioned persons. In such cases, the inventory of the seized items, valuables and documents shall be drawn up during their detailed examination in compliance with the requirements of criminal procedure legislation (Paragraph 8).

The record of procedural actions and the inventory of items, valuables and documents shall be drawn up in two copies and must comply with the requirements of the provisions of the criminal procedure legislation of the Republic of Kazakhstan. They shall be signed by the person who carried out the seizure and by the persons present during the seizure, including the person from whom the items, valuables and documents were seized, or, in their absence, by an adult member of their family, a representative of the local executive body or a housing maintenance organization. Copies of the record and inventory shall be issued to the person from whom the items, valuables and documents were seized or, in their absence, to adult members of their family or the above-mentioned representatives who signed the record. A separate record shall be drawn up concerning the seizure of property subject to attachment, indicating the distinctive individual characteristics of each item (Paragraph 9).

Seized items, valuables and documents shall be examined, where necessary with the participation of a specialist, and described in detail in the record of procedural actions. The record shall specify the quantitative and qualitative characteristics of the items, valuables and documents, as well as all other individual features that make it possible to distinguish the object from similar objects and determine its evidentiary significance. The involvement of a specialist is mandatory where there is suspicion that the items may pose a danger (explosive, toxic and poisonous substances, radioactive materials and other hazardous substances). Carrying out any actions involving such objects in the absence of a specialist shall not be permitted. If it is impossible to involve a specialist, only the individual characteristics of the seized items and valuables shall be recorded in the procedural document (Paragraph 10).

Seized money and valuables, prior to their recognition as physical evidence, as well as items prohibited from circulation or those subject to attachment, shall be registered and stored in accordance with the procedure established by these Rules (Paragraph 11).

After examination, seized items recognized as physical evidence shall be attached to the case by a resolution of the body conducting the criminal proceedings and shall remain with that body until the judgment or the resolution terminating the case enters into legal force. Items, valuables and documents seized during pre-trial proceedings but not recognized as physical evidence shall be returned to the persons from whom they were seized (Paragraph 12).

Items and documents, with the exception of documents (including personal documents) that will be stored directly in the case file, shall be packaged, sealed and certified by the signatures of the person conducting the criminal proceedings, attesting witnesses, where they are involved, and other participants in the investigative action. The packaging must exclude the possibility of replacing or altering its contents without compromising its integrity and ensure that the seized items are protected from damage, deterioration, impairment or loss of the properties that give them significance as physical evidence. An explanatory inscription shall be placed on the packaging, listing its contents and indicating the type, date and place of the investigative action, the criminal case number and the full title of the position of the person who conducted the investigative action (Paragraph 13).

Seized narcotic drugs, psychotropic substances and their analogues shall be sent by the criminal prosecution authority for forensic examination within twenty-four hours. No later than forty-eight hours after the forensic examination has been conducted, the criminal prosecution authority shall attach the examined narcotic drugs, psychotropic substances and their analogues to the criminal case as physical evidence. On the basis of a resolution agreed upon with the prosecutor, the criminal prosecution authority or, upon its instruction, an expert or specialist, with the mandatory use of video recording, shall select samples from the total quantity of seized narcotic drugs, psychotropic substances and their analogues in an amount equal to the particularly large size established by the Law of the Republic of Kazakhstan dated 10 July 1998, “On Narcotic Drugs, Psychotropic Substances, Precursors and Measures to Counteract Their Illicit Trafficking and Abuse” (hereinafter referred to as the Law), for the relevant narcotic drug, psychotropic substance and their analogues, separately for each name (type). If two or more packages of narcotic drugs or psychotropic substances and their analogues are seized, samples shall be taken from each package. In the event of seizure of cannabinoid-type narcotic drugs, subject to compliance with the general seizure requirements, after the relevant types of expert examinations have been conducted, samples shall be selected from the total quantity for further storage in an amount corresponding to the particularly large size established by the Law for the given type of narcotic drug (Paragraph 14).

The body conducting the criminal proceedings shall draw up a record describing all actions taken to obtain the samples, in the sequence in which they were carried out, the scientific research and other methods and procedures applied in the process, as well as the samples themselves. Photographic tables of all packages in which narcotic drugs, psychotropic substances and their analogues were stored or transported at the time of their discovery and seizure, as well as the said packages themselves, shall also be attached to the case (Paragraph 15).

The selected samples shall be packaged, sealed, certified by the signatures of the participants in the investigative actions and attached to the case as physical evidence by a resolution of the body conducting the criminal proceedings (Paragraph 16).

In cases where law enforcement authorities of foreign states seize or destroy narcotic drugs, psychotropic substances and their analogues in criminal cases investigated and considered by the authorized bodies of the Republic of Kazakhstan, a document confirming such seizure or destruction shall be attached to the criminal case (Paragraph 17).

Seized physical evidence, as well as money and valuables seized in criminal cases but not recognized as physical evidence, shall be subject to mandatory registration in the register of physical evidence and documents seized or received by the body conducting the criminal proceedings (hereinafter referred to as the Register), in the form set out in Appendix 1 to these Rules. The Register shall be maintained in each law enforcement and special agency and kept in a place ensuring round-the-clock access for responsible persons (the duty unit, the office) (Paragraph 18).

Physical evidence, as well as other money and valuables seized in criminal cases but not recognized as physical evidence and transferred to the storage chamber, shall be subject to mandatory registration in the journal for recording physical evidence and other money and valuables seized in criminal cases but not recognized as physical evidence and held in the storage chamber (hereinafter referred to as the Journal), in the form set out in Appendix 2 to these Rules. The Journal shall be maintained in each court, law enforcement and special agency, and forensic examination authority, and shall be kept by the person responsible for the storage of physical evidence in the storage chamber (hereinafter referred to as the person responsible for storage) (Paragraph 19).

The Register and the Journal are documents of strict accountability; they shall be numbered, bound and certified with a seal and the signature of the first head of the authority, its departments, territorial and other bodies. The person responsible for storage shall also maintain a nomenclature file containing copies of resolutions and judicial acts relating to decisions made concerning physical evidence (Paragraph 20).

Registration of physical evidence in the Register shall be carried out immediately by an employee of the criminal prosecution authority from the moment a resolution recognizing the item as physical evidence is issued, while money, items and valuables not recognized as physical evidence shall be registered within twenty-four hours from the moment of their seizure under procedural documents (Paragraph 21).

All physical evidence and other money and valuables seized in criminal cases but not recognized as physical evidence shall be registered in the Journal on the day of their receipt. During registration, the person responsible for storage shall check the integrity of the packaging, the presence of a seal and explanatory inscription thereon, and the conformity of the physical evidence being accepted, as well as other money and valuables seized in criminal cases but not recognized as physical evidence, with the entries in the resolution attaching them to the case and the procedural document concerning their seizure. In doing so, the person responsible for storage shall not open the packaging of accepted physical evidence or other items (Paragraph 22).

Registration of physical evidence and other money and valuables seized in criminal cases but not recognized as physical evidence in the Register and the Journal shall be carried out in chronological order. Each item shall be recorded separately and assigned a serial number. Where several homogeneous items are seized, their quantity, date of receipt and name shall be indicated. If physical evidence remains with the criminal case and is not deposited in the storage chamber, a corresponding note shall be made in the Register indicating the surname of the official in whose possession the physical evidence is held. In addition to the Register and the Journal, other forms of registration of these objects may be established at the discretion of the heads of the authorized bodies (Paragraph 23).

When physical evidence is registered in court, it shall be assigned a serial number in the Journal, which shall indicate the date of receipt, the name of the physical evidence, its quantity, the number of the case to which it has been attached, and the surname, first name and patronymic of the accused. Thereafter, the number under which the criminal case was registered in court shall be entered, as well as the number of the physical evidence. When criminal cases are registered in the Unified Automated Information and Analytical System of the Judicial Bodies of the Republic of Kazakhstan, electronic forms — a form for physical evidence — shall be created where physical evidence is present. The relevant fields concerning the registration and storage of physical evidence, execution of the judicial act in respect of physical evidence, and its transfer shall be completed in the registration document (Paragraph 24).

Revisions and inspections of the condition and procedure for recording, storing, destroying and selling physical evidence shall be conducted at least once a year, and their results shall be documented in memoranda and reports. During revisions and inspections, particular attention shall be paid to the recording and storage of physical evidence in criminal cases in which the time limits for pre-trial investigation have been suspended. Criminal prosecution authorities shall, at least once a year, jointly with treasury authorities, reconcile the availability of the remaining balances in accounts in national and foreign currencies seized in the course of investigations of criminal cases (paragraph 25).

Special premises shall be equipped in courts, forensic examination bodies, law enforcement, special and other authorized state bodies for the storage of physical evidence. Such premises shall have shelving units, a metal door with a sealing device, natural or artificial ventilation, barred windows, and security and fire alarm automation systems. In the absence of such premises, a special storage facility (a metal cabinet of sufficient size) shall be designated. Requirements for premises intended for the storage of physical evidence shall be approved by an order of the first head of the relevant state body. The person conducting the pre-trial investigation shall be responsible for the safekeeping of physical evidence attached to the case, while in court this responsibility shall rest with the judge or the presiding judge of the court, and in a forensic examination body — with the expert conducting the examination (paragraph 26).

The person responsible for storage shall be appointed, in accordance with the established procedure, by an order (directive) of the presiding judge of the court, the head of the forensic examination body, law enforcement, special and other state bodies, their departments, territorial and other bodies, from among the employees of the aforementioned institutions who are not involved in the investigation of criminal cases. At the same time, the order (directive) shall designate a person who will replace the person responsible for storage during their absence. In the event of the transfer, dismissal or departure on leave of the person responsible for storage, the first heads of the relevant body, its departments, territorial and other bodies shall appoint a commission to verify whether the actual presence of the items corresponds to the records contained in the documents reflecting their seizure. The results of the verification shall be formalized in an acceptance and transfer certificate issued to the newly appointed responsible person or substitute (paragraph 27).

The grounds for placing physical evidence, money and valuables not recognized as physical evidence into storage shall be a decision recognizing them as physical evidence or a procedural document on their seizure issued by the body conducting the criminal proceedings. Access to the premises designated for the storage of physical evidence shall be permitted only in the presence of the person responsible for storage (paragraph 28).

In the absence of the person responsible for storage (or the employee replacing them), access to the premises designated for the storage of physical evidence shall be permitted only on a commission basis (consisting of at least three persons), with the authorization and in the presence of the head of the inquiry body, the investigative unit of the law enforcement or special body, the prosecutor, the presiding judge of the court, the judge, or the head of the forensic examination body. These persons shall keep duplicate keys to the relevant premises. In such cases, a report shall be drawn up indicating the reasons for and the specific items removed from or placed in the storage premises (storage facility). The report shall be submitted to the person responsible for storage for the purpose of entering the relevant information into the register or to the office of the authorized body (paragraph 29).

When storing physical evidence, valuables, documents and other property, measures shall be taken to ensure that the seized items retain the characteristics and properties that make them significant as physical evidence in criminal cases, as well as any traces present on them, and to ensure the safekeeping of the physical evidence, valuables, documents and other property themselves. Physical evidence shall not be placed in storage in a condition that may result in its deterioration and make further examination and use as evidence impossible. Where necessary, measures shall be taken to bring the seized items into a condition that permits their further storage (paragraph 30).

Physical evidence, valuables, documents and other property may be transferred for safekeeping to victims, as well as, with their consent, to close relatives or other persons, provided that this does not prejudice the case. In such cases, victims, their close relatives and other persons shall be informed of their responsibility for the safekeeping of the property received, and a written undertaking to this effect shall be obtained from them (paragraph 31).

If, due to their size or other reasons, items cannot be stored together with the criminal case, they shall be recorded using scientific and technical means, sealed wherever possible, and stored at a location designated by the person conducting the pre-trial investigation. A sample of the physical evidence may be attached to the case. The case file shall contain a corresponding memorandum indicating the location of the physical evidence (paragraph 32).

Identity documents of a suspect (accused person, defendant) held in custody shall be attached to the criminal case and stored in a separate sealed envelope, which shall be attached to the case file and numbered as a separate page. After the judgment has entered into legal force, the documents of a person sentenced to imprisonment shall be forwarded to the institutions where the sentence is served; in all other cases, they shall be returned to their owner, against a written receipt, which shall be attached to the case file. If it is impossible to return the documents to their owner, six months after the judicial act has entered into legal force, they shall be forwarded to the authority that issued them. Other personal documents, if they are not relevant to the case, shall be returned to their owner or, with their consent, to their relatives (paragraph 33).

Documents, letters and other records attached to a criminal case as physical evidence shall be stored in envelopes, placed between clean sheets of paper. No marks or inscriptions may be made on them, and they shall not be folded. The envelopes shall be sealed, attached to the case files and numbered as separate pages. If a large number of letters and documents are attached to a criminal case, they shall be bound into a separate volume (volumes), the title page of which shall contain a note indicating that it constitutes physical evidence. At the beginning of the volume, an inventory of the documents shall be attached, and a copy of the decision recognizing these documents as physical evidence shall be bound as the first page (pages). Where necessary, the decision shall indicate the total number of volumes and the number of pages in each volume of the case (paragraph 34).

Physical evidence and seized items relating to nuclear and radioactive materials, sources of ionizing radiation, poisonous and potent substances shall, after the examinations have been conducted, be transferred to the warehouses of organizations that have the appropriate permits and conditions for their storage (paragraph 35).

Storage of explosive devices, firearms, weapons, ammunition and explosives seized during pre-trial proceedings and court proceedings shall be carried out, following the completion of examinations, exclusively in the logistics units of law enforcement and special bodies, in specially equipped premises, warehouses (storage facilities) of military units or relevant enterprises (organizations) designated by the local executive body. Seized firearms shall be checked against the records of the Integrated Data Bank of the Ministry of Internal Affairs of the Republic of Kazakhstan: “Criminal Weapons” and “Registered Weapons”. If the seized firearm has an identification number and is not registered in the “Registered Weapons” database, an information retrieval card entitled “Criminal Weapons” shall be completed for that firearm and forwarded to the regional unit of the Information and Technical Service for entry of the information into the “Criminal Weapons” database. In all cases involving criminal offenses related to the use of rifled firearms, after the seizure, inspection and relevant examinations have been conducted, the body conducting the criminal proceedings shall send bullets, cartridge cases, cartridges and other ammunition bearing firearm traces, as well as the firearm itself, to the bullet and cartridge case database of the authorized body responsible for control over weapons circulation for registration (paragraph 36).

Seized works of art, antiques, as well as items of cultural value, shall be transferred for storage to museums after the examinations have been conducted (paragraph 37).

Storage of cars, motorcycles and other vehicles (including watercraft and aircraft) recognized as physical evidence, as well as vehicles subject to seizure, shall be carried out in specially guarded premises, areas or parking facilities established by decision of local executive bodies and constituting communal property (if they cannot be transferred for storage to their owner, their relatives or other persons). Upon an application from the body conducting the criminal proceedings, the local executive body shall, within three working days, issue a decision specifying the conditions for the storage of the vehicles. When transferring a vehicle for storage, the body conducting the pre-trial investigation shall draw up a protocol indicating the number and date of the relevant decision of the local executive body. Persons responsible for storage shall provide a written undertaking to ensure the safekeeping of the vehicle received, which shall be attached to the case file. The body conducting the pre-trial investigation shall send an instruction to the authorized body to impose a restriction on the alienation of the vehicle. The restriction shall be lifted after a final decision has been adopted in the case or pursuant to a decision of the person conducting the pre-trial investigation. Upon the seizure of a vehicle, as well as upon its transfer for storage, a report on its technical condition shall be drawn up with the participation of the owner (if present), a traffic patrol officer and a specialist (paragraph 38).

Jewelry and household items made of precious metals, precious stones and pearls, precious stones of organogenic origin, semi-precious stones, handcrafted jewelry, coins made of precious metals and coins containing precious metals, scrap of such items, refined precious metals and foreign currency, as well as precious metals withdrawn from circulation (gold, silver, platinum and other platinum-group metals) in the form of ingots, placer concentrates, nuggets, scrap, semi-finished products, products intended for industrial or laboratory purposes, diamonds and other natural precious stones seized by the body conducting the criminal proceedings shall be subject to mandatory registration in accordance with the procedure established by these Rules, regardless of whether they have been recognized as physical evidence or not. No later than three days from the date of registration or following the relevant examinations, they shall be deposited, in packaged and sealed form, in the storage chamber, with a serial number assigned in the register. If the body conducting the criminal proceedings does not have the capacity to store them, they shall be deposited, together with an inventory, for temporary storage with a second-tier bank. The covering letter shall specify that the valuables being forwarded must be stored until separate instructions are issued by the body that forwarded (deposited) them for storage (paragraph 39).

Money in national and foreign currencies, payment documents and documentary non-issuance securities shall be stored in the following manner (including those not recognized as physical evidence and not subject to special examination):

1) Money in the national currency in the form of banknotes and coins having a nominal value (denomination) and constituting legal tender within the territory of the Republic of Kazakhstan shall be deposited into the control cash account for temporary placement of funds (deposit) of the body conducting the criminal proceedings that carried out the seizure;

2) Payment documents, documentary non-issuance securities, monetary and commodity lottery tickets and other documents, as well as payment cards and foreign currency for which it is not possible to open a control cash account for temporary placement of funds, shall be stored in the storage chamber of the body conducting the criminal proceedings that carried out the seizure, provided that proper storage conditions are ensured, or deposited with the nearest second-tier bank;

3) Money in foreign currencies shall be deposited into the foreign currency account of the body conducting the criminal proceedings that carried out the seizure (paragraph 40).

If money in national and foreign currencies bears traces of a criminal offense, a list of banknotes indicating their numbers and series shall be drawn up in two copies: one copy shall be deposited together with the currency in the storage chamber, and the other shall be attached to the case file. Simultaneously with the seizure of documents confirming the existence of funds in bank accounts, the bodies conducting the criminal proceedings shall send judicial acts imposing seizure of property to second-tier banks or organizations carrying out certain types of banking operations. The judicial act imposing seizure of property shall indicate the number of the criminal case pending before the relevant body and, in cases provided for by law, the number of the case concerning confiscation of property being considered together with the criminal case. The procedure for notifying foreign banking institutions located outside the territory of Kazakhstan of the seizure of banking documents concerning the existence of funds denominated in foreign state currencies and international settlement units held in their accounts and in other credit and financial institutions outside the territory of Kazakhstan shall be determined by the relevant international agreements (paragraph 41).

Seized documents, drawings and photographs containing information of a classified nature shall be forwarded, through state secrets protection units, to the departments responsible for classified documents in the relevant organizations and institutions (paragraph 42).

During the investigation of criminal cases related to the illegal manufacture and use of radio transmitting devices, all equipment, components and parts used shall be seized, and their storage shall be ensured by the body conducting the proceedings in the case (paragraph 43).

During the period of forensic examination, the storage of physical evidence, narcotic drugs, psychotropic substances, precursors and their analogues, and poisonous substances shall be carried out by the forensic examination body. Following the expert examination, physical evidence and selected samples of narcotic drugs, psychotropic substances and their analogues shall be stored in sealed form in the premises designated for the storage of physical evidence of the body conducting the criminal proceedings until a decision is made to terminate the case or until the court judgment enters into legal force (paragraph 44).

Biological-origin objects, including those subject to microscopic or chemical examination and those liable to rapid deterioration, shall be packed in hermetically sealed containers. The packaging of such objects (including parts of a corpse requiring further examination) shall be carried out by employees of forensic expert institutions. Upon completion of the expert examination of biological objects whose storage requires special conditions, their storage shall be carried out at forensic examination institutions (paragraph 45).

Physical evidence subject to rapid deterioration and requiring special storage conditions shall, immediately after seizure, inspection, examination and verification of its quality by state goods quality inspection authorities (or sanitary supervision authorities), if it cannot be returned to its owner, be handed over to the relevant organizations designated by the local executive body for use according to their intended purpose or for sale pursuant to a decision of a judge (court). The proceeds received shall be deposited into the control cash account for temporary placement of funds (deposit) of the body conducting the pre-trial investigation (paragraph 46).

Physical evidence whose storage requires significant material expenses, if it cannot be returned to its owner, shall, upon the expiry of six months after the owner has been duly notified, or, where the owner has not been identified, upon the expiry of the same period from the date on which the items were recognized as physical evidence, be sold pursuant to a decision of a judge (court), with the proceeds being deposited into the control cash account for temporary placement of funds (deposit) of the body conducting the pre-trial investigation (paragraph 47).

Agricultural animals seized as physical evidence shall, until a decision is made by the body conducting the pre-trial investigation, be handed over to the victims or, in their absence, to livestock enterprises (organizations) designated by the local executive body, with a corresponding protocol being drawn up, or shall be sold pursuant to a decision of a judge (court), with the proceeds being deposited into the control cash account for temporary placement of funds (deposit) of the body conducting the pre-trial investigation (paragraph 48).

Seized alcoholic beverages, after proper inspection and the necessary expert examinations have been conducted, shall, if fit for consumption, be sold pursuant to a decision of a judge (court), with the proceeds being deposited into the control cash account for temporary placement of funds (deposit) of the body conducting the pre-trial investigation, while samples (specimens) shall be attached to the criminal case as physical evidence (paragraph 49).

Seized oil and petroleum products, after proper inspection and the necessary expert examinations have been conducted, shall be sold pursuant to a decision of a judge (court), with the proceeds being deposited into the control cash account for temporary placement of funds (deposit) of the body conducting the pre-trial investigation, while samples (specimens) shall be attached to the criminal case as physical evidence (paragraph 50).

For the purpose of organizing the storage, use and sale of individual items of physical evidence provided for in paragraphs 46–50 of these Rules, the body conducting the pre-trial proceedings shall apply to the local executive body, which shall, within three working days, designate the relevant enterprise (organization) by its decision and, in the event of the sale of goods, determine their value based on the average market price at the time the decision is issued. Transportation of the goods to the enterprise (organization) shall be ensured by the local executive body. At the same time, employees of law enforcement and special bodies shall not be permitted to participate in the sale of physical evidence and other seized items and valuables, or to purchase them if they are aware that the goods and products being sold have been seized in connection with a criminal case (paragraph 51).

Procedure for the Storage, Transfer, Return, Sale and Destruction of Physical Evidence

A protocol for handing over physical evidence for sale to the relevant enterprise (organization) designated by the local executive body shall be drawn up in three copies. The first copy of the protocol, together with a detailed inventory thereof, shall be attached to the criminal case file. The second copy shall be transferred to the enterprise (organization) that has accepted the physical evidence. The third copy shall be transferred to the financial unit of the body conducting pre-trial proceedings for subsequent monitoring of the receipt, into the control cash account for temporary placement of funds (deposit account), of the amounts received from the sale (paragraph 52).

1. Storage of Physical Evidence in Cases in Which the Pre-Trial Investigation Periods Have Been Suspended

Physical evidence in criminal cases in which the pre-trial investigation periods have been suspended shall be stored at the place where the investigation was conducted, separately from physical evidence relating to active cases, with the exception of the items specified in paragraphs 35, 36 and 45 of these Rules. Such evidence shall be kept in packaged and sealed form, ensuring its preservation and the possibility of its subsequent use.

Each package containing such objects shall bear an explanatory inscription indicating the criminal case number, the factual circumstances of the case, the date of commencement of the pre-trial investigation, and the name of the object contained in the package.

Storage conditions shall be selected in accordance with the categories of objects specified in these Rules.

Biological objects in criminal cases in which the pre-trial investigation periods have been suspended and which require special storage conditions shall be kept in the archives of forensic examination institutions. The grounds for placing such objects in the archive shall be a letter from the body conducting the criminal proceedings, addressed to the head of the relevant institution (paragraph 53).

When the pre-trial investigation periods are suspended, the place of storage of physical evidence, valuables and other property seized in connection with the case shall be determined.

Property seized for the purpose of possible confiscation may, following an expert valuation, be sold pursuant to a ruling of a judge (court), with the proceeds being deposited into the control cash account for temporary placement of funds (deposit account) of the body handling the case (paragraph 54).

The use of physical evidence for official or other purposes shall not be permitted (paragraph 55).

The place of storage of physical evidence relating to the case shall be indicated in the certificate attached to the indictment, with a reference to the relevant page of the case file on which the documents confirming its transfer for storage have been filed (paragraph 56).

Expenses associated with the storage and transportation of physical evidence shall be included in procedural costs in accordance with Article 177 of the Criminal Procedure Code (paragraph 57).

2. Transfer and Acceptance of Physical Evidence Together with the Criminal Case File

Physical evidence attached to the criminal case file shall be transferred simultaneously with the criminal case when pre-trial proceedings have been completed and the case is sent to court, as well as when the case is transferred to another authority.

A corresponding entry shall be made in the book or register in respect of each item being transferred.

When transferring physical evidence, as well as money, objects and valuables seized in connection with cases but not recognized as physical evidence, measures shall be taken to ensure that the seized objects retain the characteristics and properties that give them evidentiary significance in criminal cases, as well as any traces present on them, and to ensure the preservation of the physical evidence, valuables, documents and other property themselves (paragraph 58).

Physical evidence stored separately from the criminal case file shall remain registered with the authority to which the criminal case has been transferred. A note indicating its location shall be made in the book or register and in the reference sheet of the criminal case (paragraph 59).

When accepting a criminal case accompanied by physical evidence, the office employee of the court or authority to which the case is being sent shall check the integrity (preservation) of the packaging and the seals affixed thereto.

If the packaging or seal has been damaged, the court office employee shall open the package in the presence of the court chairperson (judge) and the person who delivered the case and the physical evidence, and shall verify the presence of the items contained therein against the entries concerning physical evidence in the certificate attached to the indictment, the ruling on attaching physical evidence to the case, and the covering letter (paragraph 60).

If the actual presence of the physical evidence corresponds to the entries in the certificate attached to the indictment and the ruling on attaching physical evidence to the case, the evidence shall be repackaged and resealed.

An act shall be drawn up regarding the opening of the package and signed by the persons present during this action. The act shall be filed in the case file.

Where, upon opening damaged packaging or a damaged seal, a discrepancy is found between the actual quantity of physical evidence and the recorded quantity, the case shall not be accepted until the officials of the interested agencies have established the reasons for the discrepancy.

An act concerning the identified violations shall be drawn up on the day the physical evidence is received. The act shall be signed by the court chairperson (judge), the prosecutor, the head of the law enforcement or special state body (the head of the investigative unit of such bodies), the head of the forensic examination body, the office employee and the person who delivered the case.

A copy of the act shall be immediately sent to the authority that forwarded the case (paragraph 61).

3. Transportation and Dispatch of Physical Evidence by Postal Service

Physical evidence shall be sent to another administrative-territorial unit by postal service.

Where physical evidence is received by post, the judge, prosecutor, head of the criminal prosecution body or head of the forensic examination body shall establish a commission. The commission shall open the packaging and draw up an act.

One copy of the act shall be sent to the authority that dispatched the physical evidence.

The following items shall not be sent in postal consignments: weapons, ammunition, explosives and pyrotechnic compositions, explosive devices and means of detonation, flammable and combustible substances, narcotic drugs, psychotropic substances and precursors, potent, toxic and poisonous substances, radioactive substances, nuclear materials and other hazardous substances.

The safe transportation of the above-mentioned items shall be ensured by the body conducting the criminal proceedings (paragraph 62).

Physical evidence for the purpose of conducting an expert examination shall be delivered in person by the person who ordered the examination, by an authorized representative of the body that ordered the examination, or by postal service (paragraph 63).

4. Acceptance and Storage of Physical Evidence During Forensic Examinations

The acceptance of physical evidence and documents for the purpose of conducting an expert examination shall be carried out by a responsible person designated by the head of the structural subdivision of the forensic examination body.

If the responsible person, together with the office employee of the forensic examination body and the person who ordered the examination, identifies any discrepancy between the submitted objects and the list of objects specified in the ruling ordering the forensic examination, an act containing information about the violations shall be drawn up. A copy of the act shall immediately be handed directly to the person who submitted the examination objects.

The office employee shall place the physical evidence and documents in the premises designated for their storage and shall make an appropriate entry in the register.

Weapons, ammunition, explosive devices, explosives, poisonous substances, psychotropic substances, precursors, narcotic drugs and their analogues submitted for examination; audio and video cassettes; digital information storage devices; objects used to manufacture the examination objects or that may enable their examination (cameras, video cameras, video or audio players, tape recorders, dictaphones); special technical devices (covert video surveillance and audio recording devices); digital equipment; articles made of precious metals (scrap of such articles), precious stones and pearls, as well as handmade jewellery, and cash in the form of banknotes and coins shall be transferred to the expert assigned to conduct the examination (paragraph 64).

For the duration of the examination, physical evidence and documents shall be transferred to and kept by the expert assigned to conduct the examination (paragraph 65).

Upon completion of the examination, the expert's report, as well as documents and physical evidence, except for those listed in paragraph 64 of these Rules, shall be transferred to the office (paragraph 66).

The office employee shall place the physical evidence and documents in the premises designated for their storage and shall make an appropriate entry in the register (paragraph 67).

The person (body) that ordered the examination shall be notified immediately upon completion of the examination. Such person (body) shall collect the expert's report together with the physical evidence and documents within ten days (paragraph 68).

The expert's report, physical evidence and documents shall be issued to the person who ordered the examination or to an authorized representative of the body that ordered the examination, or shall be sent by post with notification to the person who ordered the examination.

Physical evidence and other property subject to return to the owner shall be returned in kind against a receipt. The receipt shall be filed in the criminal case file and numbered as the next page of the case file.

Interested persons shall be notified of the possibility of collecting the items and valuables seized from them, and a copy of the notification shall be filed in the criminal case file.

In the receipt, the recipient shall indicate the details of the identity document and their place of residence.

If the owner is unable to appear in person, the items may be collected by their legal representative or by another person acting under a power of attorney. The recipient's receipt shall be attached to the case file.

Where the owner is an organization, the items and valuables shall be handed over to its representatives upon presentation of a power of attorney and an identity document (paragraph 69).

In certain cases, the body conducting the criminal proceedings may return items seized from their owners even before a decision is made in the case, provided that it is determined that such return will not impede the proper resolution of the case (paragraph 70).

5. Transfer and Acceptance of Physical Evidence by the Court

When a criminal case is sent to court, the specialist of the territorial subdivision of the authorized body responsible for the organizational and logistical support of local and other courts, who accepts the physical evidence together with the criminal case, shall sign the second copy of the covering letter issued by the transferring authority, clearly indicating their position and surname, and shall certify their signature with the stamp of the relevant institution (paragraph 71).

Items and objects, including the clothing of accused persons, watches, money and other objects that have not been duly recognized as physical evidence shall not be accepted by courts (paragraph 72).

6. Determination of the Fate of Physical Evidence Following the Adoption of a Judicial Act

After a judgment has been delivered or a ruling terminating the case has been issued, an entry shall be made in the book or register concerning the decision rendered in respect of physical evidence and other property, indicating the content and date of the decision (paragraph 73).

The decision concerning physical evidence shall be enforced after the judicial act has entered into legal force or after the time limit for appealing the ruling terminating the case has expired (paragraph 74).

The judicial act or the ruling terminating the criminal case shall resolve the issue of the fate of physical evidence and property subject to seizure (paragraph 75).

If physical evidence and other property are held in special storage, a copy or extract of the judicial act or ruling specifying the further disposition of such objects shall be sent by the authority that adopted the decision to the place where they are stored.

A similar extract shall be sent in respect of property subject to seizure to the state and other registration authorities with which the relevant restrictions were registered.

The decision adopted shall be binding upon the heads of the institutions where the physical evidence is stored (paragraph 76).

Physical evidence seized from persons whose cases have been terminated at the pre-trial stage or in respect of whom the court has delivered an acquittal shall be returned to the owners or their legal representatives within three years from the date of proper notification.

Where it is impossible to return the property and valuables in kind, their value shall be reimbursed in monetary equivalent.

After the expiry of three years, unclaimed property and valuables shall be transferred to state revenue in accordance with the procedure established by law (paragraph 77).

If the location of the owner or their legal representative cannot be established, unclaimed physical evidence shall, after the expiry of three years from the date of termination of the criminal case or the date on which the judicial act entered into legal force, be transferred to state revenue in accordance with the procedure established by law, while items having no value shall be destroyed (paragraph 78).

7. Sale of Confiscated Physical Evidence and Transfer of Property to State Revenue

For the purpose of enforcing a judicial act with regard to the sale of physical evidence confiscated by the court and held in storage by institutions and organizations, as well as with regard to the transfer of money and valuables to state revenue and the confiscation of deposits and other types of savings, an enforcement writ shall be issued and forwarded to the judicial enforcement officer for enforcement according to territorial jurisdiction.

A copy of the covering letter shall be filed in the case file.

The Register shall contain an entry indicating to whom and when the enforcement writ was sent (paragraph 79).

If the physical evidence subject to sale is held by the court that rendered the decision, the court hearing secretary shall send the enforcement writ to the judicial enforcement officer together with a covering letter.

The covering letter shall be filed in the case file and numbered as the next page of the case file.

The Register shall contain an entry indicating to whom and when the enforcement writ was sent.

After the physical evidence has been transferred to the judicial enforcement officer, a corresponding entry shall be made in the Register concerning the transfer of the physical evidence to the judicial enforcement officer (paragraph 80).

The registration, storage, valuation and further use of property transferred (or subject to transfer) into state ownership on specific grounds shall be carried out by the judicial enforcement officer in accordance with the Rules for the Registration, Storage, Valuation and Further Use of Property Transferred (or Subject to Transfer) into State Ownership on Specific Grounds, approved by a resolution of the Government of the Republic of Kazakhstan (paragraph 81).

Physical evidence that, pursuant to a judicial act, is to be transferred to the relevant law enforcement and special state bodies shall be delivered to them in person or by postal service.

When transporting poisonous substances, potent substances, explosives and weapons, the rules established for their transportation shall be observed.

A copy of the covering letter and the document confirming the acceptance of the physical evidence by the institution shall be filed in the case file (paragraph 82).

Where there is a court decision that has entered into legal force ordering the return to the owner of valuables, currency, securities and other items not subject to confiscation, the owner or their authorized representative shall be immediately notified of the decision adopted.

Otherwise, such items shall be transferred to state revenue in accordance with the procedure and within the time limits established by law.

The seizure of property shall be lifted in accordance with the procedure established by law (paragraph 83).

In cases involving release from custody, termination of the case or the delivery of an acquittal, all personal documents belonging to the owners shall be returned to them against a receipt (paragraph 84).

8. General Procedure for the Destruction of Physical Evidence

The destruction of physical evidence shall be carried out by a commission.

In criminal prosecution bodies, a commission shall be established by order of the first head of the relevant agency, territorial or other body.

The commission shall consist of the head of the investigative (inquiry) unit or a person acting in their capacity, the employee who handled the case, an office employee, the person responsible for storage and, where necessary, the head of the weapons storage facility, representatives of the healthcare and environmental protection authorities, judicial enforcement officers or other specialists.

One of the deputy heads of the criminal prosecution body shall be appointed chairperson of the commission. The chairperson shall organize the convening and work of the commission.

The convening and work of the commission shall be carried out in accordance with a schedule approved by the first head of the criminal prosecution body, at least three times a month (once every ten days).

If any member of the commission fails to appear, the chairperson of the commission shall appoint another date for the destruction of the physical evidence, but no later than three days from the initially scheduled date.

If that member is unable to appear within this period, they shall be replaced by another employee of the same agency.

In cases involving a court judgment that has entered into legal force, a judicial enforcement officer shall be included in the commission.

If the person who handled the case is absent, the head of the body or their deputy may be included in the commission.

Where the physical evidence is held by a court, its destruction shall be carried out with the participation of the presiding judge, the specialist responsible for the storage of physical evidence and the judicial enforcement officer (paragraph 85).

9. Destruction of Narcotic Drugs, Psychotropic Substances, Precursors and Poisonous Substances

The grounds for the destruction of samples of narcotic drugs, psychotropic substances, precursors and their analogues, as well as poisonous substances, shall be a judicial act that has entered into legal force or a resolution of the body conducting the pre-trial investigation, agreed upon with the prosecutor.

Before destruction, the commission shall verify the integrity of the packaging (package) in which the narcotic drugs, psychotropic substances and their analogues were kept, the presence of the relevant signatures, seals and inscriptions, and shall compare the details of the inventory containing their identifying characteristics with the document serving as the grounds for destruction.

If any discrepancies are identified, an act shall be drawn up and signed by all members of the commission, and the head of the criminal prosecution body and the supervising prosecutor shall be immediately informed thereof.

An internal investigation shall be conducted into the identified discrepancies. The destruction of the narcotic drugs, psychotropic substances and their analogues shall be carried out after the findings of the internal investigation have been approved.

The destruction procedure shall be recorded by means of photography and video recording, and the recorded materials shall be attached to the criminal case file (paragraph 86).

The destruction of narcotic drugs, psychotropic substances, precursors and their analogues shall be carried out by burning on the basis of a resolution of the criminal prosecution body agreed upon with the prosecutor. Such resolution shall be issued no later than seventy-two hours after the samples have been taken.

Narcotic drugs, psychotropic substances and their analogues shall be destroyed within ten working days after the prosecutor has approved the resolution on their destruction.

An act of destruction shall be drawn up in two copies for each criminal case concerning the destruction of a narcotic drug, psychotropic substance or their analogues. The act shall be signed by all members of the commission.

One copy of the act shall be sent for inclusion in the case materials no later than three working days from the date of destruction, while the second copy shall be given to the person responsible for storage.

Where necessary for the use of narcotic drugs or psychotropic substances and their analogues seized from illegal circulation in the course of a controlled delivery or other covert investigative actions, their destruction may be postponed until such actions have been completed, on the basis of a reasoned resolution of the criminal prosecution body agreed upon with the prosecutor (paragraph 87).

10. Procedure for the Destruction of Weapons

The destruction of weapons recognized as physical evidence (hereinafter referred to as weapons) shall be carried out by a commission.

The grounds for the destruction of weapons shall be a judicial act or a resolution of the criminal prosecution body terminating the criminal case.

The destruction of weapons shall be carried out by rendering them unfit for use, followed by melting at industrial enterprises.

Weapons shall be rendered unfit for use within ten working days after the judicial act or the decision terminating the case, agreed upon with the prosecutor, has entered into legal force.

Weapons shall be rendered unfit for use by deformation or cutting, while preserving the weapon markings (serial designation, number, calibre and year of manufacture).

The procedure for rendering weapons unfit for use shall be documented by an act, to which a numbered inventory shall be attached indicating the model, brief description, serial designation, number, calibre, year of manufacture and distinguishing features of the weapon.

The act shall be drawn up in two copies and signed by all members of the commission and the participants in the relevant action.

One copy of the act shall be sent for inclusion in the case materials no later than three working days from the date of destruction, while the second copy shall be given to the person responsible for storage (paragraph 88).

Weapons rendered unfit for use shall be destroyed by melting at industrial enterprises within a period not exceeding three months from the date on which the judicial act or the decision terminating the case, agreed upon with the prosecutor, enters into legal force.

The criminal prosecution body shall ensure the safe transportation of weapons designated for destruction when delivering them to the industrial enterprise.

Before rendering weapons unfit for use and destroying them, the commission shall inspect each individual weapon and compare the details of the inventory containing its identifying characteristics with the documents serving as the grounds for destruction and the numbered inventory.

If any discrepancies are identified, an act shall be drawn up and signed by all members of the commission.

The management of the criminal prosecution body and the supervising prosecutor shall be immediately informed of the identified discrepancies, and an internal investigation shall be conducted.

An act of destruction of weapons shall be drawn up in two copies and signed by all members of the commission.

One copy of the act shall be sent for inclusion in the case materials no later than three working days from the date of destruction, while the second copy shall be given to the person responsible for storage.

The procedure for rendering a large batch of weapons unfit for use and their destruction shall be recorded by means of photography and video recording, and the recorded materials shall be attached to the destruction act.

Acts documenting the rendering of weapons unfit for use and the destruction of weapons, together with video recording materials, shall be kept by the person responsible for storage. The retention period shall be five years (paragraph 89).

11. Destruction of Poisonous Substances and Potent Agents

The destruction of poisonous substances and potent agents shall be carried out with the participation of a representative of the military authority, healthcare authorities and other special state bodies, the responsible person holding the physical evidence in storage, an office employee and a judicial enforcement officer.

An act of destruction shall be drawn up in two copies. One copy of the act shall be sent for inclusion in the case materials no later than three working days from the date of destruction, while the second copy shall be given to the person responsible for storage (paragraph 90).

12. Destruction of Counterfeit Products

The destruction of counterfeit products shall be carried out in the presence of employees of the justice authorities and environmental protection authorities by means of thermal, chemical, mechanical or other forms of treatment.

The method of destruction shall be determined by the body conducting the criminal proceedings in coordination with the healthcare and environmental protection authorities.

An act of destruction shall be drawn up in two copies. One copy of the act shall be sent for inclusion in the case materials no later than three working days from the date of destruction, while the second copy shall be given to the person responsible for storage (paragraph 91).

13. Destruction and Use of Physical Evidence Constituting Nuclear and Radioactive Materials

The destruction (disposal) and use of physical evidence consisting of nuclear and radioactive materials and sources of ionizing radiation shall be carried out in accordance with a decision of the body conducting the criminal proceedings, agreed upon with the authorized bodies in the fields of atomic energy use, healthcare and environmental protection.

An act of destruction shall be drawn up in two copies. One copy of the act shall be sent for inclusion in the case materials no later than three working days from the date of destruction, while the second copy shall be given to the person responsible for storage (paragraph 92).

14. Destruction of Goods Unfit for Use and Sale

Goods or alcoholic products recognized as unfit for use and sale shall be destroyed or, pursuant to a ruling of a judge (court), transferred to enterprises manufacturing similar products for technological processing, following the relevant examinations (paragraph 93).

15. Notification of the Destruction of Physical Evidence or Its Return to the Owner

If physical evidence subject to destruction or return to its owner is held by law enforcement or special state bodies, the court shall send those bodies a copy or extract of the judgment.

The covering letter shall indicate the date on which the judgment entered into legal force.

A notification confirming the destruction of physical evidence or its return to the owner shall be sent to the court no later than three working days from the date of destruction or return (paragraph 94).

Commentary of 2020 on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honoured Worker of the Ministry of Internal Affairs of the Republic of Kazakhstan.

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