Article 145. The Criminal Procedure Code of the Republic of Kazakhstan

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1.The Pledge consists in the introduction of money by the suspect, the accused himself or another person into the court deposit in order to ensure the Fulfillment by the person carrying out the pre-trial investigation, the prosecutor or the court of their duties on the appearance of the suspect, the accused, as well as in order to prevent them from committing new intentional criminal offenses. Other valuables, movable and immovable property that are prohibited can be taken as collateral. It is up to the guarantor to prove the value of the pledge and the absence of encumbrances. In cases provided for in part nine of Article 148 of this code, the pledge is not applied.

2.The Pledge is applied only with the permission of the investigating judge or by a court decision.

When choosing a pledge as a preventive measure, a person carrying out a pre-trial investigation, in accordance with Article 140 of this code, makes a decision to initiate a petition before the court to sanction the application of this measure and sends it to the court. Certified copies of the materials of the criminal case confirming the validity of the application are attached to the resolution.

A copy of the resolution is simultaneously sent to the prosecutor.

3. the amount of the Pledge is determined taking into account the severity of the suspicion, the identity of the suspect, the accused, the nature of the criminal act, the property status of the Pledger and: when suspected of committing a less serious crime – less than thirty times the monthly calculation index, but more than one hundred and twenty times the monthly calculation index; when suspected of negligent Commission of a moderate crime of gravity – less than one hundred and twenty times the monthly calculation index, but more than two hundred times the monthly calculation index; when suspected of intentional Commission of a moderate crime – less than two hundred times the monthly calculation index, but more than three hundred and fifty times the monthly calculation index; when suspected of committing a serious crime – less than three hundred and fifty times the monthly calculation index, when suspected of committing a particularly serious crime-not less than five hundred times the monthly calculation index.

As collateral, with the consent of the pledgor, other property may be provided, the value of which exceeds the maximum amount of collateral for the corresponding category of crime.

In exceptional cases, the amount of the pledge is determined by:

1) persons who have minor children, elderly parents, relatives with disabilities, as well as who are guardians and trustees;

2) excluded by the law of the Republic of Kazakhstan dated 27.12.2019 No. 292 – VI (for the procedure of entry into force, See Article 2).

3) persons belonging to socially vulnerable segments of the population, as well as receiving various types of social assistance at the expense of the budget;

4) in relation to minors and persons of retirement age, it may be applied in an amount less than the minimum amount, but not less than half of the minimum amount of collateral of the corresponding category of crimes, or other property equivalent to this amount may be adopted.

4.a suspect, accused, defendant or other person who is not detained by security is obliged to deposit funds to the relevant account no later than five days from the date of the selection and application of a preventive measure in the form of a pledge and submit a supporting document to the person, prosecutor, court carrying out the pre-trial investigation.

In case of failure to comply with the decision of the investigating judge on the introduction of bail, the person conducting pre-trial proceedings initiates the issue of changing the preventive measure.

5.when other valuables, movable or immovable property are transferred as collateral, the pledgor is obliged to transfer them together with title documents to the body conducting criminal proceedings within the same period.

If a preventive measure in the form of a pledge is applied to a suspect detained in accordance with the procedure provided for in Article 128 of this code, before the actual introduction of the pledge, the investigating judge shall apply a preventive measure in the form of custody or house arrest in accordance with the procedure provided for in part seven of Article 148 of this code.

If the previously selected preventive measure in the form of custody or house arrest is replaced by a pledge, the suspect, accused is released from custody only after the actual introduction of the pledge. If by this time the terms of detention provided for by this code have expired, then they are extended until the introduction of collateral.

6.when applying a preventive measure in the form of a pledge, the suspect, the accused – their duties and the consequences of their non – fulfillment, and the accused, the pledgor who is not a suspect-are explained what criminal offense the person is suspected, accused of, the punishment provided for by law for the Committed Act, the duties to ensure the proper behavior of the suspect, the accused and their appearance on call, as well as the consequences of non-fulfillment of these duties.

7.a protocol is drawn up on the acceptance of the Pledge, which emphasizes that the suspect, the accused are explained the obligation to appear on call and prevent the commission of criminal offenses, and the pledgor is warned that in cases where the suspect, the accused evades appearing on call and deliberately commits a criminal offense, the pledge is converted into state income. The protocol is signed by the official who has chosen this measure of restraint, if the suspect, the accused, as well as the pledgor is another person. The protocol and the document on the introduction of collateral in the court Deposit are attached to the case materials, and the pledgor is handed a copy of the protocol.

8.in case of introduction of bail in accordance with the resolution of the investigating judge in respect of the person to whom the preventive measure in the form of custodial detention was applied in accordance with the procedure provided for in part eight of Article 148 of this code, the head of the place of custodial detention shall explain to the suspect,

Release of the suspect, accused from custody is carried out by the head of the place of detention after receiving a document confirming the introduction of bail, which is immediately notified by the person conducting the pre-trial investigation, the supervising prosecutor and the investigating judge.

9.if the suspect or accused does not violate the duties assigned to them, but a more severe preventive measure is applied against the suspect or accused, a verdict or a decision on termination of proceedings in a criminal case is issued, the subject of the pledge is immediately returned to the pledgor.

If the guarantor is a suspect, accused, the court has the right to make a decision on the application of foreclosure on the subject of the pledge or part of it at the request of the prosecutor, considering the issue of the fate of the pledge in the presence of a civil claim, procedural costs and the need for other property foreclosure.

The application of foreclosure on the subject of the pledge introduced by the pledgor, who is not a suspect or accused, may be made only with his consent.

10.the subject of the pledge is subject to immediate return if the person who made the pledge for the suspect or accused makes a written statement that he is not able to further ensure the fulfillment of the obligations of the suspect or accused to appear in the body conducting the criminal process, if the suspect or accused has not violated the specified obligations.

When a verdict or resolution is issued that finally resolves a criminal case, respectively, the court or the criminal prosecution body simultaneously decides the fate of the subject of the pledge.

11.in case of failure of the suspect or accused to perform the duties secured by the pledge without good reason, the Prosecutor sends a petition to the investigating judge for the conversion of the pledge into state income.

The court makes an appropriate decision, which the pledgor may appeal to a higher court in accordance with the procedure provided for in Article 107 of this code.

12.when the subject of the Pledge is returned, the amount spent on ensuring the safety of the pledge is collected from the pledgor.

13.the procedure for accepting, evaluating, storing, returning, selling the subject of the Pledge, applying foreclosure on it and converting the pledge into state income is determined by the Government of the Republic of Kazakhstan.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.

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Republic of Kazakhstan

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