Comment to Article 266. Illegal medical and pharmaceutical activities and illegal issuance or forgery of prescriptions or other documents granting the right to receive narcotic drugs or psychotropic substances of the Criminal Code of the Republic of Kazakhstan
1. Engaging in medical or pharmaceutical activities by a person who does not have a certificate and/or license for this type of activity, if this negligently caused serious or moderate harm to human health., —
is punishable by a fine in the amount of one hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of three to ten months, or by arrest for a period of two to six months, or by correctional labor for up to two years, or by deprivation of the right to hold certain positions and engage in certain activities for up to Two years old.
2. The same act committed by an official, —
is punishable by a fine in the amount of three hundred to one thousand monthly calculation indices, or correctional labor for up to two years with deprivation of the right to hold certain positions and engage in certain activities for up to three years.
3. The act provided for in the first part of this Article, which caused the death of a person, -
is punishable by restriction of liberty for a term of up to three years or by imprisonment for the same term with deprivation of the right to hold a certain position and engage in a certain activity for a term of up to three years.
4. The act provided for in the first part of this Article, which caused the death of a person, committed by an official, -
is punishable by restriction of liberty for a term of up to three years or imprisonment for the same term with a fine of fifty to two hundred monthly calculation indices with deprivation of the right to hold a certain position and engage in a certain activity for a term of up to three years.
The public danger of this crime lies in the fact that its commission is associated with a violation of the human right to qualified medical care, including treatment, deterioration of people's health, and the threat of their death.
The object of this crime is the health of the population.
The subject of the crime is a prescription or other documents that give the right to receive narcotic drugs or psychotropic substances.
A recipe is a form, a piece of paper of a certain shape filled out in compliance with the necessary details.
Other documents include various certificates, referrals from employees of state and non-state medical institutions, which are issued for the purpose of obtaining narcotic drugs or psychotropic substances.
The concept of narcotic drugs and psychotropic substances is given in the analysis of the corpus delicti provided for in Article 259 of the Criminal Code of the Republic of Kazakhstan. The objective side of the crime under Part 1 of art.
266 of the Criminal Code of the Republic of Kazakhstan, is expressed in the practice of medical or pharmaceutical activities by a person who does not have a certificate and/or license for this type of activity, if this negligently caused serious or moderate harm to human health.
Medical activity includes the provision of medical services if there is an appropriate certificate and/or license for this type of activity.
Pharmaceutical activity is the activity of manufacturing, storing, and disposing of medicines outside the institutions of the public health system.
The illegal issuance of prescriptions or other documents is understood as such actions that are aimed at obtaining narcotic drugs or psychotropic substances by persons who do not have the right to receive them.
Forgery consists in the production of a fake, fictitious recipe or other document. It can be produced in various ways.:
a) by completely manufacturing a fake recipe or other document, when not only the contents of the recipe are fake, but also the form itself, the material basis of the document;
b) by entering deliberately false information into a blank original prescription form or other document;
c) changing the content of the original recipe or other document by erasing, adding, etching, changing the date, correcting the text, and similar actions.
An obligatory sign of the objective side of the crime is the infliction of serious or moderate harm to human health and the presence of a causal relationship between the action and the consequences. The concept of serious harm to health is considered in the analysis of Article 103 of the Criminal Code of the Republic of Kazakhstan, the concept of harm to health of moderate severity is considered in the analysis of Article 104 of the Criminal Code of the Republic of Kazakhstan.
By design, this crime is a material one, i.e. the crime should be considered completed from the moment the consequences specified in the law occur.
The subject of the crime is a sane individual who has reached the age of 16 and does not have a certificate and/or license for this type of medical or pharmaceutical activity.
The subjective side of the crime is characterized by the presence of only direct intent.
Part 2 of this Article provides as an aggravating circumstance the commission of this crime by an official, i.e. a person permanently, temporarily or with special authority performing organizational, administrative or economic functions in medical and pharmaceutical organizations and enterprises.
Part 3 of this article provides for causing death to a person as a qualifying circumstance.
Part 4 establishes criminal liability for the act provided for in Part 1 of this article, which caused the death of a person committed by an official.
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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