Kazakhstan will be able to recover assets from one more country

Tengrinews.kz — Senators have ratified three agreements with Peru. They concern the extradition of criminals, assistance in criminal investigations, and the transfer of convicted persons and suspects.
Details
Senator Nurlan Beknazarov said the agreement with Peru was signed in Astana in October 2024. Its purpose is to establish cooperation between the two countries in combating crime and providing legal assistance.

“According to official data, from 2020 to 2025, 1,033 people traveled from our country to Peru, while 1,027 people arrived in Kazakhstan from Peru. The main purposes of travel were employment, business, and tourism,” Senator Yevgeny Bolgert said.

The document regulates how the law enforcement agencies of the two countries will interact. The parties may assist each other, for example, by transferring detainees, tracing and seizing assets, obtaining financial information, and carrying out confiscation.
Under the agreement, Kazakhstan and Peru will also assist one another in criminal investigations.
This refers to practical assistance: delivering documents and summonses, locating people and property, conducting searches and seizures, and providing evidence and necessary information.
When assistance may be refused
The agreement also sets out cases in which a country may refuse assistance.
For example, if it threatens national security or contradicts the country’s laws, or if the case is already under investigation in that country.

“Grounds for refusing extradition may include the possibility that the person could be subjected to cruel, inhuman, or degrading treatment, or if there is a risk of the death penalty or torture. In accordance with the agreement, a state is not obliged to extradite its own citizens,” Senator Marat Kozhayev said.

In such situations, assistance may be refused in full or in part.

“To date, Kazakhstan has concluded similar agreements with 33 states, including China, the United Kingdom, France, the United States, and others. Now this list will be expanded to include the Republic of Peru,” Beknazarov said.

What will happen to criminals’ property
If the matter concerns money or financial assets of criminals, they are simply transferred between the countries. Real estate and large property assets, however, are handled differently.
Such assets are first seized, and after a court decision they are put up for auction in the country where they are located. Local authorities handle the sale, and the proceeds are then returned to the budget, Deputy Prosecutor General Yerlan Utegenov explained.

“Following a court verdict, foreign partners put the property up for auction. After the auction, these funds are reimbursed to the budget,” he said.

At the same time, representatives of Kazakhstan may take part in these procedures through diplomatic missions and monitor the process.
What happens if a person refuses extradition
If a person agrees to extradition, they are transferred to the other country more quickly under a simplified procedure.
If the person refuses, this does not mean they will not be extradited. In that case, the process simply follows the standard procedure, with additional checks and review by state authorities, Yerlan Utegenov explained.
As a result, the person may still be extradited.
It should be noted that Kazakhstan already has similar agreements with 20 countries, including Turkey, Spain, Brazil, Saudi Arabia, and others.
Earlier it was reported that Kazakhstan and Peru would exchange prisoners. In this regard, the Prosecutor General’s Office stated that recently some Kazakh citizens who have broken the law have attempted to hide in Latin American countries.