Comment to Article 263. Illegal trafficking of toxic substances, as well as substances, tools or equipment used for the manufacture or processing of narcotic drugs, psychotropic or toxic substances of the Criminal Code of the Republic of Kazakhstan
1. Illegal manufacture, processing, acquisition, storage, transportation, shipment for the purpose of sale, as well as illegal sale of toxic substances that are not narcotic drugs or psychotropic substances, or tools or equipment for their manufacture or processing, —
are punishable by imprisonment for a term of up to five years.
2. Illegal manufacture, acquisition, storage, transportation, shipment for the purpose of sale, as well as illegal sale of substances, tools or equipment used for the manufacture or processing of narcotic drugs or psychotropic substances, —
are punishable by imprisonment for a term of up to six years.
3. The acts provided for in the first or second parts of this Article committed by a person using his official position or by a group of persons by prior agreement or repeatedly, —
is punishable by imprisonment for a term of five to eight years.
4. The acts provided for in the first or second parts of this Article committed by an organized group, —
is punishable by imprisonment for a term of seven to ten years.
The object of the crime is public health.
The subject of the crime is toxic substances that are not narcotic drugs or psychotropic substances. Toxic substances are drugs that, when ingested, subcutaneously or intramuscularly, can cause severe poisoning or death of a person.
Tools or equipment used for the manufacture or processing of narcotic drugs or psychotropic substances include technical equipment (flasks, vessels, hoses, tubes, burners), as well as technical devices that can be used to manufacture or process drugs or psychotropic substances.
The objective side of the crime is formed by the illegal manufacture, processing, acquisition, storage, transportation or transfer for the purpose of selling substances, tools or equipment used for the manufacture of narcotic drugs or psychotropic substances, as well as the illegal sale of these drugs or substances.
Manufacturing refers to any actions that resulted in the production of finished substances, tools or equipment used for the manufacture of narcotic drugs or psychotropic substances.
Illegal processing means reworking or refining (purification from foreign impurities) without the appropriate permission of the same type of narcotic drug or psychotropic substance in order to increase its concentration. The acquisition of these substances, tools or equipment is understood as obtaining them in permanent or temporary possession in any way (purchase, exchange, etc.).
The storage of substances, tools, or equipment used for the manufacture of narcotic drugs or psychotropic substances means the actual possession of them, regardless of their specific location (in a dwelling, outbuildings, a special hiding place, and the like).
Transportation refers to actions to move these items, regardless of the method of transportation (by car, train, and the like).
Forwarding means the illegal movement of substances, tools or equipment used for the manufacture of narcotic drugs or psychotropic substances, in the form of postal baggage items or in any other way without the participation of the sender.
The illegal sale of these substances is understood as their distribution by any means (sale, donation, exchange, etc.).
The crime is formal. It is considered completed from the moment of illegal trafficking of substances, tools or equipment used for the manufacture or processing of narcotic drugs or psychotropic substances. The subject of the crime may be a person who has reached the age of 16.
The subjective side of the crime presupposes direct intent.
Part 2 of this article establishes liability for the illegal manufacture, acquisition, storage, transportation, shipment for the purpose of sale, as well as for the illegal sale of substances, tools or equipment used for the manufacture or processing of narcotic drugs or psychotropic substances. At the same time, Part 2 of this article provides for the same actions as in Part 1 of the article in question with respect to substances, tools or equipment used for the manufacture or processing of narcotic drugs or psychotropic substances. The above actions are considered in detail when analyzing the crime under Article 259 of the Criminal Code.
The subject of the crime is substances of chemical or plant origin used for the manufacture or processing of narcotic drugs or psychotropic substances, the list of which is approved by the Law of the Republic of Kazakhstan "On Narcotic Drugs, Psychotropic Substances, Precursors and measures to combat their illicit trafficking and Abuse" dated July 10, 1998 and is contained in Table IV of the List of Narcotic Drugs, Psychotropic Substances and precursors subject to control in the Republic of Kazakhstan.
Part 3 of Article 263 of the Criminal Code provides for liability for acts provided for in Parts 1-2 of this Article committed by a person using his official position or by a group of persons by prior agreement or repeatedly.
In this case, the subject of the crime is both officials and non-officials who, by virtue of their official duties, had access to tools or equipment used for the manufacture or processing of narcotic drugs or psychotropic substances, or persons to whom they were issued for official use or placed under protection. The concepts of "repetition" and "group of persons by prior agreement" are considered in detail in the analysis of previous crimes.
Responsibility for the commission of this crime by an "organized group" comes under Part 4 of Article 263 of the Criminal Code.
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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