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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 9, 2014 No. 1291

About approval of Rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal prosecution and judicial examination

(In edition of the Order of the Government of the Republic of Kazakhstan of 11.08.2016 No. 455)

According to Article part four 118, parts three and the fourth Article 221 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal prosecution and judicial examination.

3. This resolution becomes effective since January 1, 2015 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 9, 2014 No. 1291

Rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal prosecution and judicial examination

1. General provisions

1. These rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal prosecution and judicial examination (further - Rules) are developed according to Article part four 118, parts three and the fourth Article 221 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (further - the Code of Criminal Procedure) and determine single procedure for withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances during pre-judicial production and legal proceedings.

2. In case of decision the issue of physical evidences is resolved of the termination of criminal case or sentence. At the same time:

1) tools of criminal offense are subject to confiscation judicially or are transferred to the relevant organizations to certain persons or destroyed according to the procedure, provided by these rules;

2) the things forbidden to the address or limited in the address are subject to transfer to the relevant organizations or are destroyed;

3) the things which are not of value and which cannot be used are liable to destruction, and in case of the petition of interested persons or organizations, can be issued to them;

4) the money and other values acquired in the criminal way and also objects of illegal entrepreneurship and smuggling by a court decision are subject to the address to the income of the state; other things are issued to legal owners, and in case of not establishment of the last carry over the state (in case of dispute on accessory of these things, it is subject to permission according to the procedure of civil legal proceedings);

5) the documents which are physical evidences remain in case of case during all deadline or are transferred to the interested physical persons or legal entities according to the procedure, provided by part four of article 120 Code of Criminal Procedure.

3. In cases of damage, loss of the withdrawn physical evidences, values and other property, the damage suffered is subject to compensation in civil procedure.

2. Procedure for withdrawal of physical evidences and documents on criminal cases by court, bodies of prosecutor's office, criminal prosecution and judicial examination

4. During pre-judicial production the employee of the body conducting criminal procedure withdraws important for case:

1) the objects found in case of production of investigative actions or provided on demand person performing pre-judicial investigation;

2) the objects and documents limited in the address (in case of absence at the owner of permission to their acquisition, use and storage). Withdrawn from free circulation the objects acquired on special permissions which list is determined by the current legislation of the Republic of Kazakhstan, and other objects which production, acquisition, storage, sale and distribution are forbidden by the law are among;

3) the identity documents provided by the note of article 300 Code of Criminal Procedure in case of finding of the suspect under guards;

4) the money and other values found in case of property attachment of accused (defendant) on which collection for the purpose of compensation of the caused material damage or execution of sentence regarding confiscation of property can be turned.

5. The fact of withdrawal of objects, values and documents is reflected in the protocol of legal proceedings provided by the procedural legislation. The body conducting criminal procedure interrogates person which provided subject, values and documents with reflection in the protocol of their name, time, the place and other circumstances of their detection, acquisition, storage important for establishment of the truth. Actual data can be used only after their fixing in the protocol of legal proceedings as proofs.

6. For withdrawal of objects, values and documents, the address of which requires availability of certain skills, exact fixation of their quality characteristics, individual signs and cost determination, the corresponding specialists are attracted.

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