Comment to article 325. Measures to ensure civil action and confiscation of property The Criminal Procedure Code of the Republic of Kazakhstan

If the inquirer, investigator or prosecutor fails to take measures to ensure compensation for damage caused by a criminal offense and possible confiscation of property, the judge shall oblige the criminal prosecution authorities to take the necessary measures to ensure them.

1. Measures to secure a civil claim and possible confiscation of property are procedural means by which it is possible to actually provide compensation for damage caused by a crime or possible confiscation of property. In the course of pre-trial proceedings, in order to ensure the execution of a sentence to recover damage or possible confiscation of property, the body conducting the criminal case is obliged to take appropriate measures. The measures provided for by the Criminal Procedure Law to ensure compensation for damage caused by a crime or possible confiscation of property include the imposition of arrest.  

2. The seizure of property is allowed only in the presence of one or more special conditions, when it is established:

1) causing property or moral damage by a crime, a civil claim has been filed

2) circumstances confirming that the property subject to confiscation was obtained as a result of the commission of a crime or is the proceeds of this property, or was used or intended to be used as an instrument of crime or to finance terrorism, an organized group, an illegal armed formation, a criminal community - a criminal organization

3. The property subject to arrest is established and searched by conducting investigative actions (search, seizure, inspection, interrogation), sending requests.

The seizure of property is carried out by the decision of the person conducting the pre-trial investigation to initiate a petition before the court to seize the property of the suspect or persons legally responsible for their actions, which must be supported by the prosecutor and authorized by the investigating judge.

4. The court, having established that the body conducting the criminal process has not taken measures to ensure compensation for damage and possible confiscation of property during the pre-trial proceedings, obliges the criminal prosecution authorities to take the necessary measures to ensure them. The judge issues a resolution with the assignment of execution to the prosecutor. A ruling may be made at a preliminary hearing or in the main trial before the sentencing stage and is not a reason for suspending proceedings. The state prosecutor notifies the court of the measures taken at the court session with the presentation of supporting documents, which are attached by the court to the case file.  

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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