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About approval of Rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal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

(as amended on 09-04-2022)

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 Approve the enclosed Rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal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

2. Declare invalid the order of the Government of the Republic of Kazakhstan of November 6, 2008 No. 1017 "About approval of Rules of destruction by criminal prosecution authorities of drugs, the psychotropic substances which are physical evidences on criminal cases" (SAPP of the Republic of Kazakhstan, 2008 No. 42, the Art. 474).

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Rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal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

Chapter 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 These rules of withdrawal, accounting, storage, transfer and destruction of physical evidences, the withdrawn documents, money in national and foreign currency, drugs, psychotropic substances on criminal cases by court, bodies of prosecutor's office, criminal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 and (or) means of making of criminal offense belonging to person who made criminal offense are subject to confiscation based on article 48 of the Criminal Code of Kazakhstan;

2) tools and (or) means of making of criminal offense belonging on legal causes to person who did not know or did not owe know about the illegal purposes of use of its property are subject to return to this person;

3) in other cases of the tool and (or) means of making of criminal offense are given to the relevant organizations to certain persons or destroyed;

4) the things prohibited to the address or limited in the address are subject to transfer to the relevant organizations or are destroyed;

5) 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;

6) the money and other property got in the criminal way or acquired on the money earned in the criminal way, except for property and the income from it which are subject to return to the legal owner 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, the dispute is subject to permission according to the procedure of civil legal proceedings;

7) 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.

Chapter 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 prohibited 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;

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