Commentary to article 272. Organization or maintenance of dens for intoxication using medicines or other means of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The organization or maintenance of dens for intoxication with the use of medicines or other drugs and substances not related to narcotic drugs or psychotropic substances, as well as the provision of premises for these purposes —
is punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of wages or other income of the convicted person for a period of up to four months, or by arrest for a term of up to six months or imprisonment for a term of up to two years.
2. The acts provided for in the first part of this Article committed by an organized group, —
are punishable by imprisonment for a term of two to five years.
The public danger of this crime lies in the fact that the provision of premises for intoxication with the use of medicines or other means makes it difficult to identify persons suffering from this defect or their timely treatment. The object of the crime is the health of the population.
The objective side of the crime is the organization or maintenance of dens for intoxication using medicines or other drugs and substances not related to narcotic drugs or psychotropic substances, as well as the provision of premises for these purposes.
The concept of organization and maintenance of a brothel is revealed in the analysis of the crime provided for in Article 271 of the Criminal Code. The concepts of "brothel", "organization of a brothel", "maintenance of a brothel" coincide with similar signs of crimes provided for in Articles 264, 271 of the Criminal Code of the Republic of Kazakhstan.
The provision of premises is understood as a one-time rental of premises for the specified purposes, that is, there is no systematic nature of such a crime.
272 of the Criminal Code of the Republic of Kazakhstan, it is necessary to appoint an appropriate examination to determine whether the medicines and other drugs and substances used, which are not narcotic or psychotropic, have an intoxicating effect on people when consumed.
In Article 272 of the Criminal Code of the Republic of Kazakhstan, only the intended purpose of a brothel for drugging with the use of medicines or other means is specific.
The crime has a formal structure. It is considered completed from the moment the acts specified in the law are performed. The subjective side of the crime is characterized by a person's awareness of the purpose of performing actions provided for by the objective side – for drugging with the use of medicines or other drugs and substances not related to narcotic drugs or psychotropic substances.
A sane individual who has reached the age of 16 is recognized as the subject of a crime. Acts provided for in Part 1 of this article, committed by an organized group, are qualified under Part 2 of Article 272 of the Criminal Code (see Article 31 of the Criminal Code).
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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