Illegal manufacture and processing of narcotic drugs psychotropic substances or precursors
Illegal manufacture should be recognized as any intentional actions resulting in the production of narcotic drugs, psychotropic substances or precursors or the conversion of one narcotic drug, psychotropic substance, precursor, respectively, into others included in the List. Changing the shape of the same type of narcotic drug or psychotropic substance (crushing, pressing into tablets, pills, tiles, pastes, etc.) is not considered manufacturing (paragraph 4 of the regulatory decree of the Supreme Court of May 14, 1998). Illegal processing means remaking or refining (purification from foreign impurities) without the appropriate authorization of the same type of narcotic drug in order to increase its concentration. The drying, crushing, separation of certain parts and other modification of the same type of narcotic plant is not illegal processing (except in cases of obtaining another narcotic drug from it) (paragraph 6 of the regulatory decree of the Supreme Court of May 14, 1998). However, courts do not always correctly identify these qualifying features. By the verdict of the specialized criminal court of the Almaty region dated November 08, 2011, K. was found guilty of the illegal manufacture, processing and transportation for the purpose of selling narcotic drugs on an especially large scale - hashish weighing 543.32 grams and dried marijuana weighing 2 kg. 534.0 grams. He was sentenced under paragraph "b" of Part 3 of Article 259 of the Criminal Code to 10 years in prison with confiscation of property and serving his sentence in a high-security penal colony.
Illegal manufacture and processing of narcotic drugs psychotropic substances or precursors
During the review of the verdict, the appeals board of the regional court upheld the verdict by a decision dated January 23, 2012, and recognized the court's conclusions that K. had illegally manufactured and transported narcotic drugs hashish and marijuana, dried on an especially large scale, for sale. At the same time, the board excluded the qualifying feature "illegal processing" of narcotic drugs from his actions, stating that "K. He made hashish and dried marijuana from the same narcotic plant - wild cannabis. Obtaining as a result of committed actions, meaning drying, crushing, separating certain parts and otherwise modifying the same narcotic plant, another narcotic drug that occupies an independent position in the List of Narcotic Drugs subject to control in Kazakhstan, is a characteristic of illegal manufacture, not drug processing."
Exemption from criminal liability on the grounds specified in the note of Article 259 of the Criminal Code. A person who voluntarily surrendered narcotic drugs or psychotropic substances or voluntarily applied to a medical institution for medical assistance in connection with the use of narcotic drugs for non-medical purposes and actively contributed to the detection or intersection of crimes related to illicit trafficking in narcotic drugs or psychotropic substances, the exposure of their perpetrators, the discovery of property obtained by criminal means, is exempt from criminal liability under Article 259 of the Criminal Code and Article250 (in part, concerning narcotic drugs or psychotropic substances) of the Criminal Code (note to Article 259 of the Criminal Code). According to paragraph 18 of the regulatory decree of the Supreme Court of May 14, 1998, exemption from criminal liability on the grounds specified in the note to Article 259 of the Criminal Code is possible only if two conditions are met simultaneously: voluntary surrender of narcotic drugs or psychotropic substances by a person or voluntary referral to a medical institution for medical care in connection with the use of narcotic drugs or psychotropic substances for non-medical purposes and its active assistance in solving crimes, related to the illicit trafficking of narcotic drugs or psychotropic substances. Voluntary surrender of narcotic drugs or psychotropic substances means that a person gives these drugs or substances to authorities if there is a real opportunity to dispose of them in another way.
Active assistance to the disclosure or suppression of crimes related to illicit trafficking in narcotic drugs or psychotropic substances presupposes the personal voluntary participation of the subject in the activities of the preliminary investigation or inquiry bodies aimed at uncovering or suppressing this crime, establishing the actual circumstances of the case, the persons involved in the commission of the act, the location of the latter and their detention, the search for narcotic drugs or psychotropic substances, etc. For example, F. he was put on trial under paragraph "b" of Part 3 of Article 259 of the Criminal Code on charges that he made marijuana weighing 7 kg. 400 gr. from wild cannabis, part of which he stored in an apartment on Kerimbaev Street, Zaisan, where he temporarily lived, and part in the amount of 875 gr. stored on the same Kerimbaev street. under a different number. He was detained while selling a part of the narcotic drug. During the judicial investigation, it was established that after the arrest of F. He handed over part of the narcotic drug in the amount of 875 grams to the police voluntarily. In this regard, by the verdict of the specialized interdistrict Criminal Court of the East Kazakhstan region dated June 15, 2011, F. In this part of the indictment, he was released from criminal liability as a person who voluntarily surrendered a narcotic drug.
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