Commentary to article 260. Theft or extortion 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. Theft or extortion of narcotic drugs or psychotropic substances, —      

are punishable by imprisonment for a term of three to seven years.      

2. The same acts committed:      

a) a group of persons by prior agreement;      

b) repeatedly;      

c) by a person using his official position;    

d) using violence that is not dangerous to life or health, or with the threat of using such violence, —      

are punishable by imprisonment for a term of six to ten years with or without confiscation of property.      

3. The acts provided for in the first or second parts of this Article, committed:      

a) an organized group;      

b) in relation to narcotic drugs or psychotropic substances on a large scale;      

c) with the use of violence dangerous to life or health, or with the threat of such violence, —      

are punishable by imprisonment for a term of eight to fifteen years with confiscation of property.

     The public danger of this crime is manifested not so much in causing damage to property relations as in causing significant harm to human health.      

The object of the crime is public health. Property relations may act as an additional direct object in the case of theft or extortion of narcotic drugs or psychotropic substances.      

The objective side of the crime is formed by the theft or extortion of narcotic drugs or psychotropic substances. 260 of the Criminal Code of the Republic of Kazakhstan, the theft of narcotic drugs and psychotropic substances is understood as the unlawful possession of them in any way (secretly, openly, by deception or abuse of trust) and turning in favor of the perpetrator or others. Extortion of narcotic drugs and psychotropic substances means demanding their transfer with the threat of violence or destruction or damage to other people's property, as well as with the threat of spreading information that may cause significant harm to the rights or legitimate interests of the victim or his relatives.      

Responsibility for a crime occurs in the case of theft or extortion of narcotic drugs and psychotropic substances from any organizations and institutions, as well as from individual citizens who possess them lawfully or illegally. The theft of narcotic drugs also involves the collection of narcotic plants from protected fields. The theft of narcotic drugs or psychotropic substances is considered completed if the perpetrator has seized these drugs or substances and he has a real opportunity to dispose of or use them at his discretion, that is, this crime relates to tangible compounds. Extortion of narcotic drugs or psychotropic substances should be considered a completed crime from the moment the transfer is requested.    

The subject of the crime is a person who has reached the age of 14.    

The subjective side of the crime is characterized by guilt in the form of direct intent. A person, aware of the illegality of his actions in relation to narcotic or psychotropic substances, wants to commit these actions.      

Theft or extortion of narcotic drugs or psychotropic substances entails increased responsibility under Part 2 of this article if they are committed by a group of persons by prior agreement (paragraph "a"), repeatedly (paragraph "b"), by a person using his official position (paragraph "c"), using violence that is not dangerous for life or health, or with the threat of using such violence (paragraph "d" of Part 2 of Article 260 of the Criminal Code of the Republic of Kazakhstan). The first two signs were considered in the analysis of the previous crime. As for embezzlement or extortion committed by a person using his official position, they should be understood as the commission of these actions by a person serving in a State or non-State organization. It can be either an official or a non-official.      

Violence that is not dangerous to life or health is understood as physical violence, which is expressed in beatings, blows, restriction or deprivation of liberty, and other violent acts that have not caused significant harm to health. Violence is also present if, during theft or extortion, it created a real possibility of harming the victim's health. The threat of violence during theft or extortion is a threat to use physical violence that is not dangerous to human life or health. The threat must be real, immediate, that is, capable of immediately breaking the person's will to resist.      

The most qualified types of the analyzed crime are: its commission by an organized group (paragraph "a"), in relation to narcotic drugs or psychotropic substances on a large scale (paragraph "b"), with the use of violence dangerous to life or health, or with the threat of such violence (paragraph "c" of Part 3 of Article 260 of the Criminal Code of the Republic of Kazakhstan). The use of violence that is dangerous to life or health is expressed in causing mild or moderate harm to the victim's health. The infliction of serious harm to the victim's health as a result of the theft or extortion of narcotic drugs or psychotropic substances is not covered by the theft alone and is therefore qualified in accordance with the totality of "in" Part 3 of Article 260 of the Criminal Code and the corresponding Article 103 of the Criminal Code of the Republic of Kazakhstan.

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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