Article 78. Property subject to confiscation of the Penal Enforcement Code of the Republic of Kazakhstan
1. Money and other property are subject to confiscation by court verdict.:
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.
2. If the property obtained as a result of committing a criminal offense and (or) the proceeds from this property have been attached to the legally acquired property, that part of this property is subject to confiscation, which corresponds to the value of the attached property and income from it.
3. The property specified in parts one and two of this Article, transferred by a convicted person to another natural or legal person, is subject to confiscation if the person who acquired the property knew that it was obtained as a result of criminal acts.
4. If the confiscation of a certain item included in the property specified in parts one, two and three of this Article is impossible from the date 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.
5. The property of a convicted person is not subject to confiscation in accordance with the list established by the annex to this Code.
6. Disputes concerning the ownership of property subject to confiscation by a court verdict are resolved through civil proceedings.
President
Republic of Kazakhstan
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