Confiscation of Property Is the Compulsory Gratuitous Seizure and Transfer to State Ownership

Article 48 of the Criminal Code of the Republic of Kazakhstan (CC RK) regulates the application of property confiscation as a measure of criminal law enforcement. Below is a detailed legal commentary on this article, with analysis, practical examples, and references to related legal acts.

🔹 Concept of Property Confiscation

Confiscation of property is the compulsory, gratuitous seizure and transfer to the ownership of the state of property belonging to a convicted person, obtained by criminal means or acquired with funds obtained by criminal means, as well as property that constitutes an instrument or means of committing a criminal offense. (Law and Justice)

🔹 Objects of Confiscation

According to Part 2 of Article 48 of the CC RK, the following are subject to confiscation:

1. Money and other property obtained as a result of committing a criminal offense, and any income from such property, except for property and income subject to return to the lawful owner.
2. Property into which the property obtained as a result of committing a criminal offense, and income from such property, were wholly or partly converted or transformed.
3. Property used or intended for financing or otherwise supporting extremist or terrorist activities or a criminal group.
4. Property that is an instrument or means of committing a criminal offense.
5. Property specified in items 1)–4) that has been transferred by the convicted person into the ownership of other persons.

🔹 Substitution of Confiscation with a Monetary Amount

If confiscation of a specific item is impossible due to its use, sale, or for another reason, the court shall order confiscation of a monetary amount corresponding to the value of the given item.

🔹 Application of Confiscation by Court Decision

Confiscation of property may be applied by a court decision as a measure of criminal law enforcement in cases provided for by Section 15 of the Criminal Procedure Code of the Republic of Kazakhstan.

🔹 Exceptions from Confiscation

The following are not subject to confiscation:

1. Property necessary for the convicted person or persons dependent on him, according to the list established by penal enforcement legislation.
2. Money and other property legalized in accordance with the Law of the Republic of Kazakhstan “On Amnesty of Citizens of the Republic of Kazakhstan, Oralman, and Persons with a Residence Permit in the Republic of Kazakhstan in Connection with the Legalization of Their Property”, if obtained as a result of committing a criminal offense for which the same Law provides exemption from criminal liability.

The provisions of item 2 do not apply to judicial acts that entered into legal force as of September 1, 2014, and do not extend to legalized property and money that were not subject to legalization.

🔹 Practice of Application: The Case of Karim Massimov

In 2023, the former Chairman of the National Security Committee of the Republic of Kazakhstan, Karim Massimov, was found guilty of state treason, violent seizure of power, and abuse of office. He was sentenced to 18 years of imprisonment with confiscation of property. During the investigation and trial, property worth more than 10 billion tenge and 24 million US dollars was seized from Massimov and his relatives, including cash, gold bars, antiques, luxury cars, and real estate. This property was transferred to state revenue.

🔹 International Norms

The application of property confiscation in the Republic of Kazakhstan complies with international standards established by the UN Convention against Corruption and the UN Convention against Transnational Organized Crime. These documents oblige States Parties to adopt measures ensuring the possibility of confiscation of proceeds of crime and property used or intended for use in the commission of crimes.

🔹 Conclusion

Confiscation of property is an important tool in the fight against crime, allowing the seizure of illegally acquired assets from convicted persons and preventing their further use. The application of this measure must be well-grounded, comply with legislation, and take into account the rights of third parties.

For more detailed information and official explanations, it is recommended to refer to the normative acts available on the official legal portal.

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