Measures to identify sources of acquisition or distribution of narcotic drugs that contributed to the commission of crimes
In accordance with paragraph 21 of the regulatory decree of the Supreme Court of May 14, 1998, courts are required to pay attention to the causes and conditions that contributed to the commission of crimes, as well as to find out whether during the preliminary investigation measures provided by law were taken to identify sources of acquisition or distribution of narcotic drugs or psychotropic and poisonous substances, to identify sources and ways of money laundering. funds or property obtained as a result of illicit trafficking in narcotic drugs or psychotropic substances, and if there are grounds, by virtue of Article 387 of the CPC, to make private decisions.
Measures to identify sources of acquisition or distribution of narcotic drugs that contributed to the commission of crimes
However, in practice, in cases where prompt drug procurement was carried out, as a rule, the sources of drug sales are not clarified, as a result, the actions of drug traffickers are not suppressed. By the verdict of the criminal court of the West Kazakhstan region, handed down with the participation of jurors on March 24, 2011, S. was found guilty of committing a crime under paragraphs "b,c" of Part 3 of Article 259 of the Criminal Code and sentenced to 12 years in prison with confiscation of property and serving his sentence in a special-regime penal colony. S. He was found guilty of illegal acquisition and possession of narcotic drugs heroin for the purpose of sale on an especially large scale and of selling on 12.06.2010 U. - 12.79 grams for 50,000 tenge, on 19.06.2010 K. - 6.69 grams for 35,000 tenge, on 28.06.2010 U. - 5.65 grams for 30,000 tenge, on 10.07.2010 – again U. - 97.68 grams for 250,000 tenge. According to the episode of the discovery of narcotic drugs at his place of residence, heroin with a total weight of 20.73 grams was acquitted on the basis of the verdict of the jury. According to the case file, during the preliminary investigation, an investigator from the Ministry of National Security of the Republic of Kazakhstan for the West Kazakhstan Region issued a decision on August 31, 2010, to separate materials on the criminal activities of an unknown person from the criminal case. In some cases, the defendants directly indicate the specific person and the address where they purchased the drugs, but the preliminary investigation authorities ignore these facts. For example, by the verdict of the specialized interdistrict criminal court of Kostanay region dated April 04, 2012, Sh. She was sentenced to 6 years in prison under Part 2-1 of Article 259 of the Criminal Code. During the judicial investigation, Sh. testified that she had purchased narcotic drugs from K., who lives in a house on Chkalov Street in Kostanay, whom everyone knows as a drug dealer. In this regard, the court issued a private ruling to the head of the Department of Internal Affairs of Kostanay region about his possible involvement in the crime.
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