A criminal law firm - the voluntary surrender of narcotic drugs means that a person gives these funds to authorities if there is a real opportunity to dispose of them in another way.
By the verdict of the specialized interdistrict Criminal Court of Kostanay region dated December 13, 2019: S., previously convicted, on April 27, 2010 under part 2-1 of Article 259, paragraph "b" of part 3 of Article 259 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) to 11 years in prison, by a resolution dated July 2, 2015 in In accordance with article 6, part 2 of Article 55 of the Criminal Code, the sentence was reduced to 10 years and 6 months in prison. By a decree dated January 19, 2017, he was released on parole for 3 years, 4 months, and 24 days.; - convicted under part 4 of Article 296 of the Criminal Code to 4 years and 9 months in prison. On the basis of article 60 of the Criminal Code, the unserved part of the sentence under the previous sentence of April 27, 2010 in the form of 3 months of imprisonment was partially attached and 5 years of imprisonment was finally imposed with serving the sentence in an institution of the penal system of emergency security. In accordance with paragraph 1) Part 2 of Article 14 of the Criminal Code in the actions of S. A dangerous recidivism has been recognized. According to paragraph 4) of part 1 of Article 91, part 2 of Article 93 of the Criminal Code, compulsory medical measures were imposed on him in the form of outpatient compulsory treatment for drug addiction by a psychiatrist at the place of serving his sentence. Recovered from the Sch . The state receives the procedural costs in the amount of 112,332 tenge. By a resolution of the judicial board for Criminal Cases of the Kostanay Regional Court dated February 11, 2020, the verdict was changed, and a new verdict was issued in the case. By the verdict of the Judicial Board for Criminal Cases of the Kostanay Regional Court dated February 11, 2020, S. according to the episode of illegal possession of the narcotic drug heroin in 16 foil and 2 polyethylene bundles with a total weight of 6.65 grams at the place of residence of S.: Kostanay, Krasnoselskaya str., 46, acquitted. The deadline for the appointed date. The penalty was reduced to 3 years and 9 months in prison. Based on article 60 of the Criminal Code, 4 years of imprisonment were finally imposed, and the amount of procedural costs was reduced to 52,378 tenge. In the protest, the Prosecutor General disagreed with the conclusions of the appellate instance regarding the acquittal of S. According to the episode of illegal possession of narcotic drugs on an especially large scale at 46 Krasnoselskaya St., Kostanay, he indicates that there was no voluntary issue of narcotic drugs in his actions.
A criminal law firm - the voluntary surrender of narcotic drugs means that a person gives these funds to authorities if there is a real opportunity to dispose of them in another way.
He insists that after the search conducted at S.'s place of work, police officers ordered a search at his place of residence in order to find prohibited substances there. Thus, S. had no real opportunity to dispose of narcotic drugs. Requests that the decision and verdict of the judicial board for Criminal Cases of the Kostanay Regional Court be annulled, leaving the verdict of the court of first instance unchanged. The guilt of S. The illegal possession of the narcotic drug heroin on an especially large scale, weighing 1.32 grams, in the premises of a shoe workshop located at 28/3 Abaya Street, Kostanay, is confirmed by the testimony of the convict himself, witnesses A. and K., the results of the examination, the expert opinion and other case materials. Actions of the S.H.I.E.L.D. in this episode, they were correctly qualified under part 4 of Article 296 of the Criminal Code. In addition, the fact of storage without the purpose of selling SCH has been established. the narcotic drug heroin on an especially large scale, weighing 6.65 grams at his place of residence: The city of Kostanay, Krasnoselskaya St., 46. This fact is confirmed by the testimony of S. himself, witnesses who took part in the house search, video recordings and the results of operational activities. However, the court of appeal mistakenly considered that there had been a voluntary release of narcotic drugs, and ruled an acquittal. In accordance with the note to Article 296 of the Criminal Code, a person who voluntarily surrendered a narcotic drug is exempt from criminal liability. According to paragraph 18 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated May 14, 1998 No. 3 "On the application of legislation in cases related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors", voluntary surrender of narcotic drugs means that a person issues these funds to authorities if there is a real opportunity to dispose of them in another way. A study of the materials of the criminal case showed that the pre-trial investigation was launched on the basis of a report dated September 11, 2019, according to which operational information was received about the illegal trafficking of heroin by citizen "V." (personal data changed). According to the decree on clarifying personal data dated September 13, 2019, in the procedural documents it should be assumed that we are talking about S., born on March 23, 1963, living at 46 Krasnoselskaya Street, Kostanay.
During the operational search activities on September 13, 2019, Sh. When asked by the investigator about the presence of prohibited items in his possession, he testified that he kept narcotic drugs for his own use, both at his place of work and at his place of residence. Under such circumstances, the actions of S. There is no voluntary extradition, since police officers, having information, arrived at his place of work in order to identify an offense and were going to conduct an inspection. As a result, S. was forced to report the possession of narcotic drugs, including at his place of residence. In addition, due to the detention by police officers, the convict had no real opportunity to dispose of the narcotic drugs stored at his home in any other way, which also excludes the voluntary issue of them. The arguments of the court of appeal that the police officers were not going to carry out any operational measures to forcibly inspect the detainee's home are assumptions and cannot be used as the basis for the verdict. Based on the above, the Judicial Board for Criminal Cases of the Supreme Court overturned the decision and verdict of the appellate court, upholding the verdict of the court of first instance against S. The protest of the Prosecutor General of the Republic of Kazakhstan is satisfied.
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