Commentary on Article 310. Organization or Maintenance of Dens for Intoxication Using Medicinal or Other Substances of the Criminal Code of the Republic of Kazakhstan
1. The organization or maintenance of dens for intoxication using medicinal or other means and substances that are not classified as narcotic drugs, psychotropic substances or their analogues, as well as the provision of premises for these purposes —
shall be punishable by a fine in an amount of up to two thousand monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to six hundred hours, or restriction of liberty for a period of up to two years, or imprisonment for the same period, with confiscation of property.
2. The same acts committed by a criminal group —
shall be punishable by imprisonment for a period of three to seven years, with confiscation of property.
The public danger of the crime lies in the fact that the organization or maintenance of dens, or the provision of premises for intoxication using medicinal or other substances, endangers the life and health of victims and also creates a threat to the nation's gene pool.
The object of the crime is public health.
The objective element of the crime consists of the organization or maintenance of dens for intoxication using medicinal or other means and substances that are not classified as narcotic drugs or psychotropic substances, as well as the provision of premises for these purposes.
The concepts of “den”, “organization of a den” and “maintenance of a den” coincide with the corresponding elements of the crimes provided for in Articles 302 and 309 of the Criminal Code (see the commentary to those articles).
The element of “provision of premises” is explained in the commentary to Article 302 of the Criminal Code.
The distinction between Article 310 of the Criminal Code and Articles 302 and 309 of the Criminal Code lies in the intended purpose of the den — namely, intoxication using medicinal or other means and substances that are not classified as narcotic drugs, psychotropic substances or their analogues.
When deciding on criminal liability for the organization and maintenance of dens for intoxication under Article 310 of the Criminal Code, the appointment of an appropriate expert examination is necessary. The purpose of the examination is to establish whether medicinal or other means and substances that are not narcotic or psychotropic substances produce an intoxicating effect on people.
The only specific feature of the provision under consideration is the intended purpose of the den — intoxication using medicinal or other means and substances.
By its structure, the corpus delicti is formal. The crime is considered completed from the moment one of the specified acts is committed. The provision of premises for the consumption of intoxicating medicinal or other means or substances that are not classified as narcotic drugs, psychotropic substances or their analogues is considered completed from the moment this act is committed at least once.
The subjective element of the crime is characterized by guilt in the form of direct intent, that is, the person is aware that they are committing acts related to the organization or maintenance of dens for intoxication using medicinal or other means and substances that are not classified as narcotic drugs or psychotropic substances, and desires to commit such acts.
The subject of the crime under consideration is a sane natural person who has reached the age of 16.
The acts committed by a criminal group are classified as aggravated offences under Part 2 of Article 310 of the Criminal Code (see the commentary to Part 4 of Article 297 of the Criminal Code).
The act provided for in Part 1 of Article 310 of the Criminal Code is classified as a minor offence.
The act provided for in Part 2 of Article 310 of the Criminal Code is classified as a serious offence.
Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan, by Isidor Shamilovich Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the National Academy of Natural Sciences of Kazakhstan, member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, member of the working group on reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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