Article 668. Pre-trial proceedings on confiscation of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. Pre-trial proceedings on confiscation shall be conducted in compliance with the provisions of this Code, unless otherwise provided by this chapter.
2. In pre-trial proceedings on confiscation, in addition to the circumstances provided for in parts one and three of Article 113 of this Code, the following shall be proved::
1) ownership of property to the suspect, the accused, or a third party;
2) the connection of property with a crime, which is the basis for the application of confiscation;
3) circumstances of the acquisition of property by a third party or giving grounds to believe that the property was acquired as a result of an offense.
3. If circumstances are established that indicate the concealment of property by the suspect or accused by transferring it to other persons, the person conducting the pre-trial investigation applies to the prosecutor with a motion to resolve the issue of applying to court in the interests of the state or victims in a criminal case with a claim for invalidation of transactions (purchase and sale, donation, transfer to lease, trust management, and others) in civil proceedings.
4. Recognizing that sufficient evidence has been collected in the confiscation proceedings that the property was obtained illegally, the person conducting the pre-trial investigation draws up a conclusion stating:
1) last name, first name, patronymic (if any), place of residence or location and address of the suspect, accused, date of birth;
2) information about the crime that is the basis for the application of confiscation, the qualification of the crime, the circumstances of its commission, the nature and amount of harm caused by the crime;
3) description and location of the property subject to confiscation;
4) evidence confirming the circumstances provided for in the second part of this article;
5) the conclusion that it is necessary to apply to the court with a petition for confiscation.
5. The conclusion on the confiscation proceedings with the materials is sent to the prosecutor immediately after its completion.
6. The prosecutor, having considered the conclusion, applies for confiscation to the court, which has jurisdiction over the criminal case of the crime being investigated by the criminal prosecution body.
The request for confiscation shall specify:
1) the time and place of the petition;
2) the position, surname and initials of the person who drafted the petition;
3) information about the crime that is the basis for the application of confiscation, the qualification of the crime, the circumstances of its commission;
4) last name, first name, patronymic (if any), place of residence and address of the suspect, accused, date of birth;
5) the nature and extent of the harm caused by the crime;
6) information on the seizure of property subject to confiscation;
7) description and location of the property subject to confiscation;
8) a list of evidence confirming the circumstances provided for in the second part of this article;
9) arguments serving as the basis for applying to the court with a petition for confiscation;
10) the estimated cost of the confiscation proceedings.
The defender (with his participation), the victim, and his representative are notified about the direction of the petition.
A list of persons to be summoned to the court session is attached to the petition. The list includes the surname, first name, patronymic of the person, his procedural status, and place of residence.
7. If there are no grounds to file a petition with the court, the prosecutor returns the conclusion and materials to the person conducting the pre-trial investigation, indicating the need to collect additional evidence or terminate the confiscation proceedings.
8. The prosecutor shall carry out the actions provided for in parts six and seven of this article within ten days.
President
Republic of Kazakhstan
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