Comment to Article 51. Confiscation of property of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Confiscation of property is the compulsory gratuitous seizure of all or part of the property owned by the convicted person into the ownership of the State.      

For the commission of corruption crimes, in addition to the convicted person's property, in accordance with the procedure established by law, property obtained by criminal means or acquired with funds obtained by criminal means, transferred to the property of other persons, is also subject to confiscation.      

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

3. 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.      

Confiscation of property as a measure of criminal punishment has been known to the republican legislation since the adoption of the first Criminal Code.      

According to Article 51 of the Criminal Code of the Republic of Kazakhstan, confiscation of property is the compulsory gratuitous seizure of all or part of the property owned by the convicted person into state ownership. As follows from this definition, confiscation can be of two types: a) complete confiscation, which consists in the seizure of all property belonging to a convicted person (property necessary for a convicted person or persons dependent on him is not subject to confiscation, according to the list provided for by the penal enforcement legislation of the Republic of Kazakhstan, this list includes clothing, shoes, food and other items and things necessary for living);

b) partial confiscation, which consists in the seizure of a certain part of the property specified in the verdict.      

The resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan dated April 30, 1999 "On the observance by courts of legality in the imposition of criminal punishment" states to draw the attention of the courts that additional punishment in the form of confiscation of property may be imposed only in cases where the disposition of the article of the Criminal Code, according to which the defendant is found guilty, provides for them as additional punishment.      

In accordance with the requirements of part 2 of Article 51 of the Criminal Code, provided for by the sanction of the article of the Criminal Code, according to which the crime is qualified, additional punishment in the form of confiscation of property may be imposed for the commission of this crime only if mercenary motives are established during its commission. Courts should keep in mind that, within the meaning of article 79 of the Criminal Code, confiscation of property cannot be applied to persons who have committed a crime under the age of a minor.      

When applying confiscation of property, its amount must be clearly stipulated in the verdict, and the confiscation itself can be applied only to the property that belonged to the defendant or was his share in common joint ownership with other persons. Confiscation may not be applied to property needed by a convicted person or persons dependent on him, according to the list provided for by the Penal Enforcement Legislation of the Republic of Kazakhstan. The defendant's lack of property at this point cannot be grounds for non-confiscation.      

The procedure for the execution of a court verdict on confiscation of property is regulated by Chapter 9. "Execution of additional punishments". Thus, Part 2 of Article 57 of the Criminal Code of the Republic of Kazakhstan provides for the execution of punishment in the form of confiscation of property by a bailiff at the location of the property.      

The procedure for the execution of confiscation of property is also regulated by the Instructions on Enforcement Proceedings, announced by Order of the Ministry of Justice of the Republic of Kazakhstan No. 2-2/117 dated December 18, 1997.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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