Article 48. Confiscation of property  The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

 1. Confiscation of property is the compulsory gratuitous seizure and conversion into State ownership of property obtained by criminal means or acquired with funds obtained by criminal means, as well as property that is an instrument or means of committing a criminal offense.

     2. Money and other property are subject to confiscation.:

     1) received as a result of the commission of a criminal offense, and any income from this property, with the exception of property and income from it, which must be returned to the rightful owner;

     2) into which the property obtained as a result of the commission of a criminal offense and the proceeds from this property have been partially or completely converted or transformed;

     3) used or intended to finance or otherwise support extremist or terrorist activities or a criminal group;

     4) being an instrument or means of committing a criminal offense;

     5) referred to in paragraphs 1), 2), 3) and 4) of this part, transferred to the ownership of other persons.

     3. If the confiscation of a certain item included in the property specified in parts one and two of this Article is impossible at the time of the court's decision to confiscate the item due to its use, sale or for any other reason, the amount of money corresponding to the value of the item shall be subject to confiscation by court decision.

     4. In cases stipulated by section 15 of the Criminal Procedure Code of the Republic of Kazakhstan, confiscation of property may be applied by court decision as a measure of criminal legal impact.

     5. Not subject to confiscation:

     1) property required by the convicted person or persons dependent on him, according to the list provided for by the penal enforcement legislation;

     2) money and other property legalized in accordance with the Law of the Republic of Kazakhstan "On Amnesty for 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", if they were obtained as a result of committing a criminal offense for which the same Law provides for the release of from criminal liability.

     The provisions of paragraph two of part five of 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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