A large amount of" cannabis resin " was illegally stored and transported across the state border without the purpose of selling narcotic substances

By the verdict of the Saryagash District Court of Turkestan region dated May 21, 2019: K. a citizen of the Republic of Uzbekistan, not previously convicted, sentenced to imprisonment for 6 years under the third part of Article 24 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the criminal code), paragraph 5) of the second part of Article 286, a fine in the amount of fifty monthly calculation indices – 120,250 tenge with the third part of Article 296 of the criminal code.  In accordance with the third part of Article 58 of the criminal code, K. was finally sentenced to 6 years in prison by transferring a more severe punishment to a more severe one. It is established to serve the sentence in a moderately safe institution of the penitentiary system. K. was prescribed involuntary treatment for drug addiction and alcoholism in a serving institution for a period of 12 months. Forced payment from K. to the Victims Compensation Fund in the amount of twenty monthly calculation indices-48,100 tenge, court costs in favor of the state were collected in 45,813 tenge. The fate of the items of evidence in the case is decided. By the court verdict K. On October 26, 2018, he was found guilty of attempting to illegally smuggle a narcotic substance across the state border of the Republic of Kazakhstan for illegal storage, transportation and transportation of a large amount of cannabis resin with a total weight of 2.6396 grams without the purpose of selling it, for circumstances beyond his control, without bringing the crime to the end.

By the decision of the Judicial Board of the Turkestan Regional Court on criminal cases dated August 6, 2019, the verdict was left unchanged. Convicted K. in his petition, he indicated that he fully admits the crime he committed, sincerely regrets it, has minor children under his care, he has poor health and two eyes with cataracts, low living conditions, he only supports the family, he has no suffering for the crime he committed, he has no intention of distributing drugs, the sentence of imprisonment imposed is too severe, he changed the judicial acts and asked to impose a suspended sentence using Article 63 of the criminal code. As it turned out from the case materials, the defendant K. he fully admitted the charges against him during the investigation and at the court session. On the way home from the Russian Federation to the Republic of Uzbekistan, when he crossed the state border of the Republic of Kazakhstan, on October 26, 2018, at the customs post "Zhibek-Zholy", located in the village of Zhibek-Zholy, Saryagash district, he was detained by police officers in the border control area of the pedestrian terminal and admitted that he had a narcotic substance. According to the forensic examination, cannabis resin weighing 2.6396 grams was extracted from it as a narcotic drug. The guilt of the convicted K. for committing a crime in the case specified in the judicial acts is fully confirmed by the materials of the case and thoroughly studied evidence. In particular, the protocol on the inspection of the scene of the incident dated October 26, 2018, that is, at the customs post "Zhibek Zholy" located in Saryagash district, it was established that a green substance was taken as evidence. According to the conclusion of the forensic expert on Narcotic Drugs dated October 26, 2018 No. 170, the substance in the package No. 1 recommended for the study was cannabis resin, a narcotic drug. Cannabis resin has been shown to have a mass of 2.6396 grams in large quantities. In the conclusion of the forensic Narcological expert No. 11059/1069 dated November 26, 2018, it was indicated that the K. cannabinoid group (Marijuana) is ill with drugomania and Stage II alcoholism, requiring involuntary treatment for drugomania and alcoholism for a period of 12 (twelve) months.  According to the conclusion of the forensic psychiatric expert No. 11068/2150 of November 13, 2018, K. does not suffer from chronic mental illness, is Sane, did not have temporary mental disorders during the period of the case against which he was charged, he understood the practical nature and public danger of his actions, does not require involuntary treatment due to his mental state.  The first and appellate courts came to the correct conclusion that the above set of evidence is justified.  Therefore, the court correctly found K. guilty of the third part of Article 24, paragraph 5 of the second part of Article 286, and the third part of Article 296 of the criminal code. When imposing a punishment, the following judicial instances took into account the fact that K. was convicted for the first time as circumstances mitigating his responsibility, recognized and sincerely repented of the offenses committed, the state of family and health, positive characteristics, and the circumstances aggravating his responsibility were not established in the case.  The court's conclusions on the substantiation of the guilt of the convicted person in committing a criminal offense are objectively studied at the court session of the appellate instance and are correctly based on the evidence given the appropriate assessment. Taking into account the nature of the criminal offense committed and the degree of danger to society, data related to the personality of the defendant K., his criminal liability and circumstances mitigating his punishment, the requirements of Article 55 of the Criminal Code 

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