Article 161. Seizure of property of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. In order to ensure the execution of a sentence in respect of a civil claim, other property penalties or possible confiscation of property, the person conducting the pre-trial investigation is obliged to take measures to seize the property.

     If the grounds for securing a civil claim have arisen at the stage of judicial investigation, the court has the right to take measures to ensure it before the verdict enters into force.

     In urgent cases, the person conducting the pre-trial investigation has the right, with the consent of the prosecutor, to impose a temporary restriction on the disposal of property for a period of no more than ten days, with notification within twenty-four hours to the owner of the property, if his identity has been established.

     Before the expiration of the period for which the restriction on the disposal of property has been established, the person conducting the pre-trial investigation is obliged to issue a resolution to initiate a petition to the court for the seizure of property in accordance with the procedure provided for in Article 162 of this Code, notifying financial organizations and authorized bodies in the field of registration of property and (or) rights to property. or other authorized bodies and organizations, or remove the established restriction.

     The notification of the owner of the property about the establishment of a temporary restriction on the disposal of the property belonging to him is not made in the following cases:

     1) in criminal cases of terrorist or extremist crimes;

     2) in criminal cases of crimes committed by a criminal group;

     3) if the notification of the owner of the property about the established temporary restriction at his disposal creates a threat of disclosure of information about the secret investigative measures carried out in the criminal case.

     2. The seizure of property consists in a prohibition, addressed to the owner or owner of the property, to dispose of and, if necessary, to use this property, or to seize the property and transfer it to storage.

     3. The procedure for the inspection and storage of property subject to confiscation is determined by Article 221 of this Code.

     4. It is not allowed to take measures to ensure the execution of a sentence in terms of a civil claim for seizure of the property of a suspect, accused or persons who are legally financially responsible for their actions, who are creditors of financial organizations whose obligations are subject to restructuring in cases provided for by the laws of the Republic of Kazakhstan regulating the activities of financial organizations.

     5. The value of the property seized in support of a civil claim filed by a civil plaintiff or prosecutor may not exceed the price of the claim.

     6. When determining the share of property to be seized, each of the several suspects, accused or persons responsible for their actions takes into account the degree of participation attributed to the suspect or accused in the commission of a criminal offense, however, an arrest in support of a civil claim may be imposed on the property of one of the relevant persons in full if the others do not have property.

     7. The seizure may not be imposed on property that is essential and on other items, the list of which is determined by the legislation of the Republic of Kazakhstan.

     IZPI's note!      The second paragraph of the seventh part is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

     It is not allowed to establish temporary restrictions on the disposal of property, restrictions on transactions and other transactions with property, seizure of money held in bank accounts and (or) electronic money held in electronic wallets of electronic money intended for crediting benefits and social benefits paid from the state budget and (or) the State Budget. the Social Insurance Fund, compensation for material damage and provision of necessary assistance from the state budget and (or) from charitable organizations to individuals affected by a natural or man-made emergency, material assistance provided in accordance with subparagraph 1) paragraph 4 of Article 112 of the Social Code of the Republic of Kazakhstan, housing payments, lump-sum pension payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for medical treatment, target assets, payments of targeted savings from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for education, payments of savings from an educational accumulative contribution or insurance payments under an educational accumulative insurance contract for improving housing conditions, for money held in a bank account in a housing construction savings bank with the status of a national development institute, received in in the form of subsidies intended to pay for rented housing in a private housing fund, to the assets of the social health insurance fund and transfers allocated for a guaranteed amount of free medical care held in bank accounts, to money held in bank accounts in housing construction savings banks in the form of housing construction savings accumulated through the use of housing payments, lump-sum pension payments from the unified accumulative pension fund in order to improve housing conditions and (or) payment for treatment, in the form of payments of targeted savings from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for education, for money held in bank accounts in housing construction savings banks in the form of housing construction savings, which are the subject of collateral for bank loans issued, in the form of payments of savings from an educational savings deposit or insurance payments for the contract of educational accumulative insurance for the improvement of housing conditions, for money, held in bank accounts with second-tier banks in the form of savings for major repairs of the common property of the condominium facility, with the exception of penalties based on court decisions in cases of non-fulfillment of obligations under contracts concluded for the purpose of major repairs of the common property of the condominium facility, for money deposited on the terms of a notary's deposit, held in bank accounts under the agreement on the educational funded contribution concluded in accordance with the Law of the Republic of Kazakhstan "On the State Educational Funded System", for money from banks, insurance (reinsurance) organizations, voluntary accumulative pension funds, branches of non-resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations of non-residents of the Republic of Kazakhstan who have been deprived of a license by an authorized state body and (or) are in the process of forced liquidation (forced termination of activities), for money held in a current account a private bailiff, intended for storing recovered amounts in favor of recoverers, for money held in bank accounts, intended for accounting for the money of clients of the investment portfolio manager, for the outstanding obligations of this investment portfolio manager, for money held in bank accounts, intended for accounting for the money of clients of the person performing the functions of a nominee holder, for the outstanding obligations of this person performing the functions of a nominee holder, for money held in bank accounts for clearing activities for transactions with financial instruments, as well as for money, funds held in the bank account of a single operator in the field of public procurement, intended for potential suppliers or suppliers to deposit money as security measures within the framework of participation in public procurement in accordance with the Law of the Republic of Kazakhstan "On Public Procurement, to money held in the current account of a financial manager for crediting money in bankruptcy proceedings in accordance with the Law Of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan".

     The provision of the second paragraph of this part does not apply to restrictions imposed by the authorized body in the field of enforcement of enforcement documents, its territorial bodies, on the suspension of spending operations on the specified current account intended for storing recovered amounts in favor of recoverers, a private bailiff whose license has been suspended or terminated or who has been deprived of his license.

     8. Property held by other persons may be seized if there are sufficient grounds to believe that it was obtained as a result of criminal acts of the suspect or accused, or was used or intended to be used as an instrument or means of a criminal offense, or to finance extremism, terrorism, an organized group, an illegal military formation, or a criminal community.

9. In cases where there are grounds to believe that the property subject to arrest may be hidden or lost, the person conducting the pre-trial investigation has the right to suspend transactions and other operations with the property or to seize it for a period of no more than ten days with notification to the prosecutor and the court within twenty-four hours.

     Upon expiration of the period for suspending transactions and other operations with property or its seizure, the person conducting the pre-trial investigation is obliged to issue a resolution to institute a petition for seizure of property in accordance with the procedure provided for in Article 162 of this Code, notifying financial organizations and authorized bodies in the field of registration of property and (or) rights to property or other authorized bodies and organizations, or cancel the suspension of transactions and other transactions with property and (or) return it.

     In cases of expiration of the period for which the restriction on the disposal of property has been established, the execution of transactions and other operations with property has been suspended, and the failure to obtain a resolution authorizing the investigative court to seize property, financial organizations and authorized bodies in the field of registration of property and (or) rights to property are obliged to independently remove the restriction on the disposal of property, transactions and other transactions with property with immediate notification to the person conducting the pre-trial investigation.

The Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014

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