Article 161. Seizure of property Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.a person conducting a pre-trial investigation is obliged to take measures to apply the seizure of property in order to ensure the execution of the sentence in terms of filing a civil claim, other property foreclosures or possible confiscation of property.
If the grounds for securing a civil claim arise at the stage of a judicial investigation, the court has the right to take measures to secure the sentence before it enters into legal force.
A person carrying out a pre-trial investigation has the right to establish a temporary restriction on the disposal of property for a period of no more than ten days with the consent of the prosecutor in cases that cannot be postponed, if the identity of the owner of the property is established, with notification of it within twenty-four hours.
A person carrying out a pre-trial investigation shall, before the expiration of the period established by the temporary restriction on the disposal of property, make a decision or remove the established temporary restriction before the court on initiating an application for the application of the seizure of property in accordance with the procedure provided for in Article 162 of this code, with notification of financial organizations and authorized bodies in the field of registration of property and (or) rights to property or other authorized bodies and organizations.
Notify the owner of the property about the establishment of a temporary restriction on the disposal of the property belonging to him in the following cases:
1) in criminal cases of terrorist or extremist crimes;
2) in criminal cases on crimes committed by a criminal group;
3) if the notification of the owner of the property about the establishment of a temporary restriction on the disposal of property poses a threat of disclosure of information about secret investigative measures being carried out in a criminal case.
2.the seizure of property is intended for its owner or owner, consists in the Prohibition of the disposal of this property, and, if necessary, its use, or the seizure and transfer of property for storage.
3.the procedure for inspection and storage of property subject to confiscation is determined by Article 221 of this code.
4.it is not allowed to take measures to ensure the execution of a sentence in terms of a civil claim for the seizure of the property of a suspect, accused or persons, whose obligations are subject to restructuring, who are creditors of financial organizations in cases stipulated by the laws of the Republic of Kazakhstan, who bear material responsibility for their actions by law.
5.the value of the seized property to secure a civil claim filed by a civil plaintiff or prosecutor may not exceed the price of the claim.
6.when determining the share of property subject to seizure from each of several suspects, accused or persons responsible for their actions, the degree of participation in the commission of a criminal offense imposed on the suspect, accused is taken into account, however, if the others do not have property, the property of one of the relevant persons may also be seized in full to ensure the civil claim.
7.property that is primary necessities and other things, the list of which is determined by the legislation of the Republic of Kazakhstan, shall not be prohibited.
Establishment of temporary restrictions on the disposal of property, restrictions on transactions and other transactions with property, benefits and social payments from the state budget and (or) the state social insurance fund, compensation for material damage to individuals affected as a result of a natural or man-made emergency and the provision of necessary assistance from the state budget and (or) charitable organizations, material assistance provided in accordance with subparagraph 1) of Paragraph 4 of Article 112 of the social code of the Republic of Kazakhstan, housing payments, lump-sum pension payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) payment for treatment, targeted assets, targeted savings payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) payment for education, money in bank accounts for offsetting savings payments from an educational savings deposit or insurance payments under an educational savings insurance contract to improve housing conditions and (or) electronic money in electronic wallets of electronic money, money in a bank account with a housing construction savings bank with the status of a National Development Institute, received in the form of subsidies for paying for a rented housing from an individual housing fund, transfers allocated to the assets of the social health insurance fund and the guaranteed volume of free medical care in bank accounts, in the form of housing construction savings accumulated by using one-time pension payments from the unified accumulative pension fund in order to pay for housing payments, housing conditions and (or) treatment, in the form of targeted savings payments from the unified accumulative pension fund in order to improve housing conditions and (or) pay for education, money on bank accounts in housing construction savings banks in the form of savings payments from educational savings deposits or insurance payments under the educational savings insurance agreement to improve housing conditions, money on bank accounts in housing construction savings banks in the form of housing construction savings money, which is the subject of collateral on issued bank loans, money in bank accounts with second-tier banks in the form of savings for the overhaul of the common property of a condominium object, money in bank accounts under an educational savings deposit agreement entered into under notary deposit agreements, concluded in accordance with the law of the Republic of Kazakhstan "on the State Educational Savings System", except for foreclosures on the basis of court decisions on cases of non-fulfillment of obligations under contracts concluded for the purpose of major repairs of the common property of a condominium object, money of banks, insurance (reinsurance) organizations, voluntary accumulative pension funds, branches of non-resident banks of the Republic of Kazakhstan, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan that have been deprived of a license by the authorized state body and (or) are in the process of forced liquidation (forced termination), money on the current account of a private bailiff for storing the amounts collected in favor of the recoverers, on unfulfilled obligations of the investment portfolio manager, money in bank accounts intended for accounting for money of clients of the manager of this investment portfolio, for unfulfilled obligations of a person performing the functions of a nominal holder, money in bank accounts intended for accounting for money of clients of a person performing the functions of a nominal holder, money in bank accounts for carrying out clearing activities for transactions with financial instruments, it is also not allowed to prohibit money on the bank account of a single operator in the field of Public Procurement, intended for the introduction of money by potential suppliers or suppliers as collateral measures within the framework of participation in public procurement in accordance with the law of the Republic of Kazakhstan "on public procurement", money on the current account of a financial manager for crediting money in bankruptcy proceedings through the court in accordance with the law of the Republic of Kazakhstan "on restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan".
The provision of the second paragraph of this part does not apply to the restrictions imposed by the authorized body in the field of ensuring the execution of enforcement documents, its territorial bodies on the suspension of expense transactions on the specified current account of a private bailiff for the storage of amounts collected in favor of the recoverers, whose license has been suspended or suspended, or
8.seizure of property may be applied if there are sufficient grounds to believe that property obtained as a result of the criminal actions of a suspect, accused, or used or intended for use as a weapon or means of a criminal offense or for financing extremism, terrorism, an organized group, an illegal military unit, a criminal community.
9.in cases where there are grounds to believe that the property subject to seizure may be hidden or lost, a person conducting a pre-trial investigation has the right to suspend transactions with property and other transactions or seize property for a period not exceeding ten days with notification of the prosecutor and the court within twenty-four hours.
The person conducting the pre-trial investigation, prior to the expiration of the period for suspending transactions with property and other operations or its seizure, shall notify financial organizations and authorized bodies in the field of registration of property and (or) rights to property or other authorized bodies and organizations, before the court in accordance with the procedure provided for in Article 162 of this Code, to make a decision on the initiation of a petition on the application of arrest or to cancel the suspension of transactions with property and other operations and (or) return it.
The Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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