Article 467. On the entry into force of this Code and the invalidation of certain legislative acts of the Republic of Kazakhstan  The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 This Code shall enter into force on January 1, 2015, with the exception of Article 45, which shall enter into force on January 1, 2017, and Article 48, which shall enter into force on January 1, 2016.

1-1. To suspend the operation of Article 45 of this Code until January 1, 2027, having established that its provisions apply to persons who have committed a criminal offense provided for in Articles 108-1 and 109-1 of this Code, and to military personnel in the cases provided for in paragraph 1) of the sixth part of article 41, paragraph 1) of the fifth part of article 42 and paragraph 1) paragraphs 2-1 of Article 43 of this Code, from January 1, 2017, and in respect of persons to whom a foreigner or a stateless person has been deported from the Republic of Kazakhstan as an additional type of punishment., – from January 1, 2019.

2 The provisions stipulated in article 287 of this Code apply to persons who have permits from internal affairs bodies to store and carry firearms without barrels, gas weapons with the possibility of firing traumatic cartridges, from January 1, 2016.

3 To recognize as invalid from the date of entry into force of this Code:

     At the same time, for the period up to January 1, 2016, article 51 should be worded as follows:

     "Article 51. Confiscation of property

4. Confiscation of property is the compulsory gratuitous seizure of all or part of the property owned by the convicted person, as well as property that is an instrument or means of committing a crime.

     For the commission of corruption crimes and crimes committed as part of an organized group, a criminal community (criminal organization), a transnational organized group, a transnational criminal community (transnational criminal organization) or a stable armed group (gang), property obtained by criminal means or acquired with funds obtained by criminal means is subject to confiscation, except for the property of the convicted person. transferred by the convicted person to the property of other persons .

     For the commission of crimes provided for in Article 193 of this Code, in addition to the convicted person's property, property obtained by criminal means or acquired with funds obtained by criminal means, transferred by the convicted person to the property of other persons, is also subject to confiscation.

     In addition to the convicted person's property, property obtained by criminal means, used or intended for use in financing terrorist activities is also subject to confiscation for the commission of terrorist crimes.

5. Confiscation of property is established for crimes committed out of mercenary motives, and may be imposed only in cases provided for by the relevant articles of the Special Part of this Code.

6 Property necessary for a convicted person or persons dependent on him, according to the list provided for by the penal enforcement legislation, is not subject to confiscation.

     Note. Money and other property legalized in accordance with the Law of the Republic of Kazakhstan "On Amnesty of Citizens of the Republic of Kazakhstan, oralmans and persons with a residence permit in the Republic of Kazakhstan in connection with their legalization of property" are not subject to confiscation if they were obtained as a result of committing a criminal offense, according to which the same Law provides exemption from criminal liability.

     At the same time, the provisions of the note to this article do not apply to judicial acts that entered into force on September 1, 2014, and also do not apply to legalized property and money that were not subject to legalization.

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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