Parallel financial investigations in criminal cases: de lege lata and de lege ferenda

Abstract

The authors examine the issue of introducing parallel financial investigations in criminal cases into the national legislation of the Republic of Kazakhstan, with the relevant provisions scheduled to enter into force on January 1, 2027. The purpose of this research is to develop proposals for amendments and additions aimed at improving the institution of parallel financial investigations within the framework of the Criminal Procedure Code, taking into account international standards and foreign law enforcement practices. The authors have found that the institution introduced by law contains gaps in its regulatory framework, which may make it difficult to interpret and apply the rules governing parallel financial investigations. The practical value of the proposed approaches lies in their relevance to practitioners involved in the identification, freezing, seizure, and recovery of criminally obtained assets. The fragmented provisions of the legislation on parallel financial investigations also fail to fully define the essence and optimal procedural framework for their implementation, thereby diminishing their significance in criminal proceedings. Along with general scientific methods, the authors employ comparative analysis of legal norms, the analogy of law, and legal modeling methods in this research. These methods contribute to the development of a procedural and legal mechanism for conducting parallel financial investigations within the framework of criminal proceedings.