Article 577. Search, seizure and confiscation of property CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. On the basis of a request (instruction, petition) for legal assistance, the competent authorities of the Republic of Kazakhstan shall carry out the procedural actions provided for in this Code in order to identify and seize property, money and valuables obtained by criminal means, as well as property belonging to suspects, accused or convicted persons.
2. When the property specified in the first part of this article is seized, the necessary measures are taken to ensure its safety until the court makes a decision on the property, which is notified to the requesting party.
3. At the request of the requesting party, the discovered property:
1) may be arrested in compliance with the requirements Article 571 of this Code and submitted to the competent authority of the requesting party as evidence in criminal proceedings or for return to the owner;
2) may be confiscated if this is provided for by a verdict or other court decision of the requesting party that has entered into legal force.
The recognition of a verdict or other court decision of the requesting party on the confiscation of property is carried out in accordance with the procedure provided for in Article 608 of this Code.
4. Property seized in accordance with paragraph 1) According to the third part of this article, it is not transferred to the requesting party or its transfer may be delayed or temporary if this property is necessary for the purposes of considering a civil or criminal case in the Republic of Kazakhstan or cannot be exported abroad on other grounds provided for by law.
5. Property confiscated in accordance with paragraph 2) of the third part of this Article, is transferred to the income of the Republic of Kazakhstan, except for the cases provided for in the sixth part of this Article.
6. At the request of the central authority of the Republic of Kazakhstan, the court may decide to transfer the property confiscated in accordance with paragraph 2) of the third part of this article, as well as its monetary equivalent:
1) the requesting party, which has taken a decision on confiscation to compensate victims for damage caused by a criminal offense;
2) in accordance with the international treaties of the Republic of Kazakhstan regulating the issue of the distribution of confiscated property or its monetary equivalent.
7. At the request of the requesting party, the competent authorities of the Republic of Kazakhstan may also take other procedural measures provided for by international treaties of the Republic of Kazakhstan.
8. Requests provided for in this article shall be considered by a court at the place of residence or location in the Republic of Kazakhstan of a person in respect of whose property a decision on confiscation has been made by a verdict, resolution or other decision of a court of a foreign state, and in the event that this person does not have a place of residence or location in the Republic of Kazakhstan or its location it is not known – at the location of his property in the Republic of Kazakhstan, which is subject to confiscation.
The footnote. Article 577 as amended by the Law of the Republic of Kazakhstan dated 07/12/2023 No. 23-VIII (effective ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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