Commentary on Article 164. Review, Upon the Prosecutor’s Motion, and Appeal of the Investigating Judge’s Ruling on Authorizing or Refusing to Authorize the Seizure of Property of the Criminal Procedure Code of the Republic of Kazakhstan

Note. The heading of Article 164 was amended by Law of the Republic of Kazakhstan No. 91-VI dated July 11, 2017 (shall enter into force upon the expiration of ten calendar days after the date of its first official publication).

1. A ruling of the investigating judge authorizing the seizure of property belonging to a suspect, accused person, or a person who, by law, bears financial liability for their actions, or refusing to authorize such seizure, may be appealed and may also be reviewed upon a prosecutor’s motion in accordance with the procedure provided for in Article 107 of this Code.

2. Consideration by a regional or equivalent court of the issue of authorizing the seizure of property, in the event that the investigating judge’s ruling refusing to authorize the seizure of property is overturned, shall be carried out in accordance with the procedure provided for in Article 107 of this Code.

Note. Article 164 was amended by the Laws of the Republic of Kazakhstan dated July 11, 2017, No. 91-VI (shall enter into force upon the expiration of ten calendar days after the date of its first official publication); and dated July 12, 2018, No. 180-VI (shall enter into force upon the expiration of ten calendar days after the date of its first official publication).

1\. Since the provisions governing the institution of seizure of property fall within the scope of the constitutional principle of inviolability of property, a ruling of the investigating judge on this matter may be appealed and reviewed, upon a prosecutor’s motion, by a regional or equivalent court in accordance with the procedure established by Article 107 of the CPC (Part 6 of Article 163 of the CPC).

2\. The procedural form for consideration of a complaint or a prosecutor’s motion by a judge of a regional or equivalent court in accordance with the procedure established by Article 107 of the CPC is described in detail in the commentary on the provisions of that Article. I would only note that the ruling issued by a regional court judge on this matter is final and is not subject to appeal or protest under cassation proceedings (Part 4 of Article 107, Subparagraph 3) of Part 2 of Article 484 of the CPC).

Commentary of 2020 on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.

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