Comment to article 265. Violation of the rules of handling narcotic drugs, psychotropic or poisonous substances of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Violation of the rules of production, manufacture, processing, acquisition, storage, accounting, release, transportation, import, export. transfer or destruction of narcotic drugs, psychotropic or poisonous substances, if this act was committed by a person whose duties include compliance with these rules., —      

is punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or correctional labor for up to one year, or imprisonment for up to one year with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without one.      

2. The same act entailing the theft of narcotic drugs, psychotropic or poisonous substances or causing other significant harm, —      

is punishable by correctional labor for a term of up to two years, or by restriction of liberty for a term of up to two years, or by imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

     Given the special properties of narcotic substances and their specific effect on the human body, criminal legislation has provided for the responsibility of a certain category of persons for violating the rules of production, manufacture, processing, acquisition, storage, accounting, release, transportation, import, export, shipment or destruction of narcotic drugs, psychotropic, potent or toxic substances.    

 The object of the crime is public health.    

 The objective side of the crime is a violation of the rules of production, manufacture, processing, acquisition, storage, accounting, release, transportation, import, export, shipment or destruction of narcotic drugs, psychotropic, potent or poisonous substances, if this act is committed by a person whose duties include compliance with these rules.    

 Drugs that, when used, can cause harm to human health are called potent substances.    

 Toxic substances include drugs that, when ingested, subcutaneously, or intramuscularly, can cause severe poisoning or death.   

  The subject of this crime may be either an official or a person over the age of 16 who, by virtue of their official duties, had access to narcotic drugs, psychotropic substances, precursors, potent and poisonous substances, or persons to whom they were issued for official use or placed under protection.    

 The subjective side of the crime can be characterized by both intentional and careless forms of guilt. Intent can be direct or indirect, and negligence can be in the form of criminal arrogance or negligence. By intentionally committing the crime in question, a person is aware of the social danger of his actions, anticipates the possibility of harm to health, desires or consciously allows it to be inflicted. Motive and purpose are optional features in this crime, but they help to reveal the content of the forms of guilt.

Awareness of the procedure for the production, manufacture, processing, acquisition, storage, accounting, release, transportation, import, export, shipment or destruction of narcotic drugs, psychotropic, potent or poisonous substances is a prerequisite.    

 The consequences of violating these rules, such as human diseases, indoor and environmental pollution, work stoppage or production cycle, etc., can be considered significant harm.

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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