Lawyer in Almaty on criminal cases of illegal trafficking of narcotic drugs or psychotropic substances
A forensic narcological examination to clarify the question of the presence or absence of grounds for applying compulsory treatment to the accused. Application of Article 88 of the Criminal Code When considering cases related to illicit trafficking in narcotic drugs or psychotropic substances, if necessary, a forensic narcological examination should be appointed to clarify the question of whether or not there are grounds for applying compulsory drug or substance abuse treatment to the accused.
In accordance with Article 88 of the Criminal Code, courts need to discuss the issue of the application of compulsory treatment to persons recognized as needing treatment for drug addiction or substance abuse (paragraph 19 of the regulatory decision of the Supreme Court of May 14, 1998). For example, by the verdict of the Petropavlovsk City Court of April 17, 2012, convicts A., I., S. were prescribed compulsory treatment for opium addiction at the place of serving their sentences.
However, there are cases when, in the presence of a forensic drug examination, the courts do not prescribe compulsory treatment or supervision by a narcologist. By the verdict of the Zhambyl district Court of the Almaty region dated June 21, 2011, D. was sentenced under Part 1-1 of Article 259 of the Criminal Code to 3 years of imprisonment in a general regime penal colony for the illegal acquisition and possession without the purpose of selling a narcotic marijuana dried on an especially large scale weighing 1 kg. 390 gr. According to the expert opinion, D. needs to be monitored by an oncologist, but this circumstance was ignored by the court.
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