Article 221. Inspection and storage of physical evidence CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Items found during an inspection of the scene of an incident, area or premises, seized during a search, seizure, investigative experiment or other investigative actions, or presented at the request of a person conducting a pre-trial investigation, by organizations and citizens, are subject to inspection in accordance with the rules of Article 220 of this Code.

     2. After inspection, these items may be recognized as material evidence in accordance with the rules of Article 118 of this Code. The person conducting the pre-trial investigation issues a resolution on recognizing the object as material evidence and attaching it to the case. The same resolution should address the issue of leaving physical evidence in the case or depositing it with the owner or other persons or organizations.

     3. If, due to their bulkiness or other reasons, objects cannot be stored in a criminal case, they must be captured by means of photo or video, sealed, if possible, and stored in a place specified by the person conducting the pre–trial investigation. A sample of physical evidence may be attached to the case. There must be a corresponding certificate about the location of the material evidence in the case.

     The procedure for the seizure, accounting, storage, transfer and destruction of physical evidence, as well as the storage of money in national and foreign currency seized by the body conducting the pre-trial investigation, is determined by the Government of the Republic of Kazakhstan.

     4. Material evidence that is subject to rapid deterioration, if it cannot be returned to the owner, is handed over to the appropriate organizations, determined by the local executive body, for intended use or sale with the deposit of the received amounts to the body conducting the pre-trial investigation. Physical evidence, the storage of which requires significant material costs, if they cannot be returned to the owner, or if their owner is not identified, they are sold. Material evidence is sold in accordance with the procedure established by the legislation of the Republic of Kazakhstan with the deposit of the amounts received to the body conducting the pre-trial investigation. If there are grounds, the used or sold physical evidence is reimbursed to the owner with items of the same kind and quality, or their cost is paid to the latter from the state budget by a court decision.

     Narcotic drugs and psychotropic substances in quantities exceeding the established limit for classifying them as particularly large for each name (type), after conducting a forensic examination on the basis of a resolution of the criminal prosecution body, with the consent of the prosecutor, must be destroyed in accordance with the procedure established by the Government of the Republic of Kazakhstan, with the exception of samples attached to the case, recognized as material evidence. A resolution on the destruction of a narcotic drug, agreed with the prosecutor, and an act on its actual destruction, drawn up in accordance with the requirements of the law and using video recording during destruction, are attached to the criminal case.

     In order to attach samples of narcotic drugs to a criminal case by a person conducting a pre-trial investigation, on the basis of an appropriate resolution agreed with the prosecutor, with the mandatory participation of a specialist and the use of video recordings, samples must be taken from the total mass of seized narcotic drugs and psychotropic substances in an amount equal to the especially large amount established by law for the relevant narcotic drug, psychotropic substance substances, each name (type) is packaged and sealed., A record of the name of the substance and its quantity is made on the package, and the authenticity of the contents of the package is confirmed by the signatures of the persons involved in this action.

     If it is necessary to use narcotic drugs or psychotropic substances seized from illicit trafficking during controlled delivery or other secret investigative actions, with the consent of the prosecutor, their destruction may not be carried out until the completion of the relevant secret investigative actions.

     5. When the body of inquiry transfers a case to a person conducting a pre-trial investigation, or from one body of inquiry to another body of inquiry, or from one person conducting a pre-trial investigation to another, as well as sending the case to the prosecutor and to the court, material evidence shall be transmitted in accordance with the established procedure, except for the cases provided for in parts three and four of this article. The physical evidence is transmitted in a packaged and sealed form with an inventory attached to them, containing an indication of their individualizing features.

     6. Upon termination of a criminal case, the issue of the fate of material evidence and items not recognized as such shall be resolved in accordance with the rules of part three of Article 118 of this Code.

President    

Republic of Kazakhstan     

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