Comment to Article 261. Inducement to consume narcotic drugs or psychotropic substances of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Inducement to consume narcotic drugs or psychotropic substances, —      

is punishable by restriction of liberty for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to four years.      

2. The same act committed by:    

a) a group of persons by prior agreement;      

b) repeatedly;      

c) in relation to a known minor or two or more persons;      

d) with the use of violence or the threat of its use, —      

is punishable by imprisonment for a term of three to eight years.    

3. The acts provided for in the first or second parts of this Article, if they negligently caused the death of the victim or other grave consequences, —      

are punishable by imprisonment for a term of six to twelve years.

     Being a type of distribution of narcotic drugs or psychotropic substances, this act poses an increased public danger. It is mainly determined by the fact that in these cases a significant number of people, especially young people of underage age, are exposed to drugs.      

The object of the crime is the health of the population.    

The objective side of the crime is the inducement to consume drugs or psychotropic substances. Inducement to consume narcotic drugs (psychotropic substances) should be understood as any deliberate actions (suggestions, advice, persuasion, deception, threats, etc.) aimed at arousing other people's desire to consume them, as well as mental and physical violence for the purpose of taking narcotic drugs (psychotropic substances). which is affected.      

The crime is considered completed regardless of whether the perpetrator has succeeded in achieving the desired result or not, that is, from the moment of the actual commission of actions aimed at arousing the specified desire. The fact of the former use of narcotic drugs or psychotropic substances by the accused person does not matter for the qualification of the deed.    

The subject of a crime can be any person who has reached the age of 16 (in the case of inciting a minor, a special subject is a person who has reached the age of 18). If another minor incites a minor to consume narcotic drugs or psychotropic substances, his actions cannot be qualified under Part 2 of Article 261 of the Criminal Code of the Republic of Kazakhstan. In this case, responsibility comes without taking into account this qualifying feature.    

 On the subjective side, the crime in question is committed only with direct intent, the perpetrator is aware that he is inciting another person (other persons) to consume narcotic drugs or psychotropic substances, and desires this. However, in the case of causing death by negligence or other grave consequences, this act will be classified as a crime with two forms of guilt (see art. 22 of the Criminal Code of the Republic of Kazakhstan).    

 Part 2 of this article provides for the following qualifying signs of inducement to consume narcotic drugs (psychotropic substances) committed: a) by a group of persons by prior agreement; b) repeatedly; c) against a known minor or two or more persons; d) with the use of violence or the threat of its use. The content of the first two signs is disclosed in the commentary to Article 259 of the Criminal Code of the Republic of Kazakhstan.     

In order to bring the perpetrator to justice for inciting a minor to consume narcotic drugs or psychotropic substances, it is necessary that the perpetrator knows that the victim is a minor. Inducement to consume narcotic drugs or psychotropic substances in relation to two or more persons should be understood as deliberate actions aimed at arousing the desire to consume narcotic drugs or psychotropic substances in several (at least two) citizens.     

Violence is understood as physical violence, expressed in blows, beatings, restriction or deprivation of liberty, and other violent acts that have not caused significant harm to health. Violence can also be dangerous for the victim's health. The threat of violence during declension is a threat to use physical violence that is dangerous to the life or health of the person being inclined. The threat must be real, immediate, that is, capable of immediately breaking the person's will to resist. If the acts provided for in part h. If articles 1 and 2 of this article negligently caused the death of the victim or other grave consequences, then additional qualifications under other articles of the Criminal Code providing for liability for crimes against the person are not required.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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