What to Do If a Criminal Case Has Been Initiated Against You in Kazakhstan and You Have Been Placed on a Wanted List

What to Do If a Criminal Case Has Been Initiated Against You in Kazakhstan and You Have Been Placed on a Wanted List

(for foreign nationals, non-residents, investors, and business owners)

Why This Situation Should Never Be Underestimated

Foreign nationals and international business owners often learn about a criminal case initiated in Kazakhstan far too late — after restrictions have already been imposed, information has been entered into government databases, and procedures extending beyond one jurisdiction have begun.

The key point many underestimate is this:
for a non-resident, a criminal case in Kazakhstan rarely remains a purely domestic matter. Even when the investigation is formally local, its consequences may arise abroad — during border crossings, banking compliance checks, or immigration procedures.

About the Author and Legal Support
This publication has been prepared by Attorney Samat Sagidanov, a legal practitioner with over 25 years of experience. State License No. 0000650, issued on April 26, 2006.

Areas of Practice:

• Recognition and Enforcement of Foreign Court Judgments;
• Exequatur Proceedings;
• Criminal Defense in cases with an international element.

📍 Almaty • Astana • All regions of Kazakhstan 📌 Legal assistance is available remotely, including for clients located abroad.

If you have any questions, you may contact me via:

WhatsApp: +7-702-847-80-20

E-mail: garantplus.kz@mail.ru

You may communicate in English, Russian, or Chinese. Simply send a message via WhatsApp or E-mail; I will personally arrange for translation and provide a legally substantiated response to ensure the protection of your assets, business interests, and legal status.

“Cross-border criminal and investment disputes are not a matter of theory for me—they are my daily legal practice.”

What It Means When a Criminal Case Is Initiated and a Wanted Status Is Declared
From a legal perspective, this means that a Kazakhstani investigative authority has:

• initiated a criminal case;
• assigned a procedural status to the individual (suspect or accused);
• initiated a wanted status as a procedural measure.

The type of wanted status is critically important. It may be:

• domestic (within the territory of Kazakhstan);
• interstate (within CIS countries);
• international (in certain cases, including interaction with Interpol).

A common mistake among foreign nationals is assuming that being outside Kazakhstan eliminates legal risk.
In practice, physical absence does not suspend procedural consequences.

How to Retain an Attorney in Kazakhstan
To involve an attorney, it is sufficient to sign a legal services agreement.

Is a Power of Attorney Required?
For criminal proceedings, a power of attorney is not required.
Based on the signed agreement, the attorney issues a formal notice of defense or representation, which is legally sufficient to protect the client’s interests before investigative bodies and courts.

For civil proceedings, a power of attorney may be required.

Can a Relative Sign the Agreement Instead of the Accused?
Yes. This is common practice.
From a legal standpoint, it does not matter who signs the agreement — the individual concerned or a relative. What matters is the existence of a valid agreement and the attorney’s formal notice of representation.

Why Ignoring a Criminal Case Is the Most Dangerous Strategy
In practice, the same behavioral patterns appear repeatedly:
individuals do not respond, assume the case is temporary pressure or a misunderstanding, or fail to verify their actual procedural status.

This almost always leads to the same outcome:
the procedural position deteriorates, the investigative authority’s stance becomes entrenched, the wanted status is extended, and information begins circulating between agencies and jurisdictions.

It is important to understand that lack of response is often interpreted as evasion, even when the individual lacks full information.

An attorney is also essential to determine the real prospects of the case and clarify whether you are a witness, suspect, or accused — and whether proceedings are initiated against you personally or merely “by fact.”

International Risks That Are Often Realized Too Late
Even if a criminal case is initiated solely in Kazakhstan, a foreign national may face:

• difficulties when crossing borders;
• inquiries from immigration authorities;
• banking reviews and account restrictions due to compliance checks;
• reputational risks affecting business operations;
• enhanced scrutiny when applying for visas, residence permits, or citizenship.

For EU nationals, international investors, and holders of cross-border assets, a documented and legally consistent position is far more important than informal explanations after the fact.

What Should категорically Be Avoided
At the early stage, impulsive actions are particularly dangerous.
Situations are often worsened by:

• direct contact with investigators without a legal strategy;
• public statements or media comments;
• attempts to “resolve the issue” through non-attorney intermediaries;
• actions taken without assessing international legal consequences.

Any careless step may solidify a negative procedural position and significantly limit legal maneuverability.

From a practical standpoint, relying on informal assurances such as “come to Kazakhstan just to discuss the matter” can be highly risky. Such invitations may carry procedural consequences far more serious than anticipated and should never be accepted without prior legal analysis by an attorney.

Can an Attorney Review the Case Materials?
At the investigation stage, full access to case materials is often limited — including for attorneys without experience in complex or cross-border matters.

However, lawful procedural tools and defense tactics exist that allow experienced counsel to obtain critical information, understand the prosecution’s theory, and assess risks well before the investigation is formally completed.

Defense Without Physical Presence: The Critical Difference Between Strategy and Waiting
There is a fundamental distinction between passive absence and active legal defense conducted from abroad.

Active defense does not require physical presence in Kazakhstan and may include:

• formal interaction with investigative authorities through an attorney;
• obtaining and analyzing procedural documents;
• reviewing the legality of the case initiation;
• identifying procedural violations;
• filing reasoned legal motions and objections.

When properly structured, this strategy allows all necessary actions to be taken strictly within the law, without worsening the client’s procedural position.
By contrast, inaction almost always works against the interests of a foreign national.

It is important to understand that Kazakhstani law explicitly prohibits attorneys from taking any actions that may harm the client’s interests or strengthen the prosecution’s position. This provides an additional safeguard when defense is conducted professionally and strategically.

Is It Necessary to Travel to Kazakhstan to “Resolve the Matter”?
One of the most dangerous misconceptions is the belief that personal arrival will automatically resolve the situation.

In practice, traveling to Kazakhstan without a prior legal assessment often results in:

• detention upon arrival;
• a change in procedural status;
• a sharp reduction in available defense options.

The correct approach is always sequential:
first — legal analysis of the case and risks by an attorney,
second — forecasting procedural consequences,
and only then — making any decision regarding personal actions.

Personal presence is never the first step.
In most cases, it should be avoided until all legal circumstances are fully clarified by counsel.

Common Mistakes Made by Foreign Nationals
In professional practice, the same errors appear repeatedly:

• reliance on “consultants” or intermediaries without attorney status;
• attempts at informal or unofficial settlement;
• emotional public statements or media commentary;
• ignoring formal legal procedures;
• disclosing case-related information publicly, including one’s location;
• seeking legal assistance only when options are already severely limited.

These actions do not help resolve the situation and often significantly worsen it.

Consequences That Are Rarely Considered in Advance
As long as a criminal case has not been formally terminated, it remains legally active even without a court judgment.

If there are reasonable grounds to believe that an investigation has been initiated against you, the most rational course of action is to work toward termination of the criminal case at the pre-trial stage. From a reputational and legal standpoint, this is effectively equivalent to an acquittal.

It is a mistake to assume that the absence of court proceedings means the absence of risk.
On the contrary, at the pre-trial investigation stage, attorneys often have more legal tools than during court proceedings.

For investors and business owners, a public criminal trial may be more damaging than the investigation itself. Achieving resolution at an early stage — without public hearings or media exposure — is often far more effective.

Why Early Legal Defense Is More Effective and Less Costly
The difference between engaging an attorney early and doing so at a later stage is the difference between managing a situation and reacting to a crisis.

Pre-trial stage:

• minimal formalized decisions by investigators;
• broader procedural flexibility;
• opportunity to influence evidence collection;
• ability to mitigate or prevent international escalation;
• greater chances to terminate the case before it becomes public.

Court stage:

• entrenched prosecutorial positions;
• limited procedural options;
• significantly higher risk and cost of error;
• immediate enforceability of court decisions.

Practical experience shows that once a case reaches court, the likelihood of an acquittal becomes extremely limited. This is precisely why the most important defense decisions must be made before the case leaves the investigator’s office.

Final Conclusion
A criminal case and wanted status involving a foreign national in Kazakhstan constitute a complex cross-border legal situation, not a single isolated event.

The outcome depends not on emotions, rumors, or the severity of allegations, but on:

• timely legal response;
• a carefully structured defense strategy;
• professional representation with international experience.

Contact and Legal Assistance
In serious legal matters, representation should be entrusted to a professional.

I am Attorney Samat Sagidanov. State License No. 0000650, issued on April 26, 2006.

I provide legal assistance throughout the entire territory of the Republic of Kazakhstan, including remote representation for foreign nationals.

You may contact me via: 📱 WhatsApp: +7-702-847-80-20 📧 E-mail: garantplus.kz@mail.ru

You may communicate in English, Russian, or Chinese by messaging me on WhatsApp or via the email provided above. I personally arrange for professional translation and provide a legally substantiated response to protect your assets, business interests, and legal status.

Do not wait until decisions are made without your participation. Contact me today for an initial legal assessment and strategic recommendations.

© All rights reserved. Attorney Samat Sagidanov.