Commentary to article 262. Illegal cultivation of plants prohibited for cultivation containing narcotic substances of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Sowing or growing plants prohibited for cultivation or cultivating varieties of cannabis, poppy or other plants containing narcotic substances, —
are punishable by a fine in the amount of five hundred to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to seven months or by imprisonment for a term of up to two years.
2. The same acts committed:
a) a group of persons by prior agreement;
b) repeatedly;
c) on a large scale, —
are punishable by imprisonment for a term of three to eight years.
The public danger of this crime lies in the fact that the illegal cultivation of prohibited plants containing narcotic substances is almost always associated with the sale of the resulting crop. The object of the crime is the health of the population. The subject of the criminal acts under consideration are narcotic plants, which are listed in the List dated March 9, 1998, approved by the Government of the Republic of Kazakhstan. The objective side of the crime is expressed in: a) planting prohibited plants containing narcotic substances; b) cultivation of such plants; c) cultivation of cannabis, poppy or other plants containing narcotic substances.
The sowing of plants prohibited for cultivation containing narcotic substances should be understood as the sowing or planting of seedlings of plants listed in the List without proper permission on any land plots.
The cultivation of narcotic plants prohibited for cultivation is the care of crops and seedlings in order to bring them to the stage of maturation.
Cultivation is recognized as the breeding of narcotic plants carried out without proper permission and control, i.e. actions aimed at breeding new varieties of them, as well as improving the process of their cultivation. A crime is considered completed if there is a fact of sowing, growing or cultivating the specified plants and crops without the permission of authorized authorities, regardless of the subsequent germination or growth of plants and crops. At the same time, the place of sowing, the size of the sown area and the fate of the crops do not matter.
The subject of the crime may be a person who has reached the age of 16, as well as officials.
The subjective side of the crime is characterized only by direct intent: the perpetrator is aware that he is sowing or growing narcotic plants prohibited for cultivation, or varieties of cannabis, poppy and other plants containing narcotic substances, and desires this. If a person has produced narcotic drugs from crops that he himself has grown, stored, transported, sent or sold them, the act is qualified by the totality of crimes provided for in art. 262 of the Criminal Code of the Republic of Kazakhstan "Illegal cultivation of prohibited plants containing narcotic substances" and art. 259 of the Criminal Code of the Republic of Kazakhstan "Illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substances".
The content of the commission of a crime by a group of persons by prior agreement is disclosed in the commentary to Article 31, and the repetition — in the commentary to Article 11 of the Criminal Code of the Republic of Kazakhstan.
When deciding whether the crimes being commented on have been committed on a large scale, one should proceed from the Conclusion of the State Commission for Drug Control on the extent of illegal cultivation of plants classified as narcotic Drugs included in the Summary Table on the Classification of Narcotic Drugs, psychotropic substances to small, large and especially large sizes found in illegal storage and on the back.
In the case of the commission of the act provided for in paragraph "b" of Article 262 of the Criminal Code of the Republic of Kazakhstan, guilt can be expressed both in the form of direct and indirect intent in relation to the committed acts with the large size of these plants.
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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