Comment to article 264. Organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances —
are punishable by imprisonment for a term of up to four years.
2. The same acts committed by a person using his official position, or repeatedly. or an organized group, —
are punishable by imprisonment for a term of three to seven years.
The object of the crime is the health of the population, an additional one is public morality. The subject of this crime is a brothel, which can be recognized as a residential or non-residential premises systematically provided for the consumption of narcotic drugs or psychotropic substances.
The objective side of the crime under consideration is expressed in two independent actions — the organization of dens for the consumption of narcotic drugs or psychotropic substances and the maintenance of such dens.
The organization of a brothel should be understood as actions aimed at its creation (search, hire, adaptation of premises and its equipment, etc.), and, if there is a room— the involvement of persons wishing to use it for the consumption of narcotic drugs or psychotropic substances.
The maintenance of a brothel means a system of actions aimed at ensuring its functioning (its material support, security, repair, customer service, obtaining funds and substances for consumption, etc.). If the organization and maintenance of a brothel are associated with illicit trafficking in narcotic drugs or psychotropic substances or with the inclination to their consumption, these actions must be qualified in aggregate 264 and other articles of the Criminal Code of the Republic of Kazakhstan providing for responsibility for their commission.
The crime is considered completed from the moment of the organization or maintenance of a den for the consumption of narcotic drugs or psychotropic substances.
The subject of the crime in question can be any sane person who has reached the age of 16.
On the subjective side, the crime in question is committed only with direct intent: the perpetrator is aware that he organizes or maintains a den for the consumption of narcotic drugs or psychotropic substances, and desires it.
The qualifying signs provided for in Article 264 of the Criminal Code — the commission of a crime by a person using his official position or repeatedly, or by an organized group — are identical to the similar signs provided for in 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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