of February 2, 2001 No. 1
"About court practice on cases on the crimes connected with drugs, psychotropic, strong and toxic agents"
The Supreme Court of the Kyrgyz Republic considered results of generalization of court practice on the cases on the crimes connected with drugs, psychotropic, strong and toxic agents, considered in 1999 by courts of the Kyrgyz Republic.
Due to the questions which arose in court practice and for the purpose of the correct and uniform application of the legislation on responsibility for the crimes connected with drugs and psychotropic substances, and also with strong and toxic agents, the Supreme Court of the Kyrgyz Republic according to the Art. of 18 items 6, 8 Law "About the Supreme Court of the Kyrgyz Republic and Local Courts of the General Jurisdiction" and Art. 13 of the Law "About the Status of Courts of the Kyrgyz Republic" accepted on December 25, 1998, having generalized court practice of this category, the Supreme Court of the Kyrgyz Republic decides to make the following explanations:
1. By hearing of cases about crimes which subject are drugs or psychotropic substances courts shall be guided by the List of the drugs, psychotropic substances and their precursors which are subject to control in the Kyrgyz Republic approved by State commission under the Government of the Kyrgyz Republic on control of drugs, and by hearing of cases about the crimes connected with strong or toxic agents - the Lists of strong and toxic agents published by independent experts of State commission on control of drugs.
About the size (small, large and especially large) the being in drug trafficking or psychotropic substances decides court in each case proceeding from their quantity, properties, extent of impact on human body, other facts of the case and taking into account the recommendations developed by State commission on control of drugs.
Considering that for determination of type of means and substance (narcotic, psychotropic, strong or poisonous), their name and properties, origins, method of preparation and conversion, and also for establishment of belonging of plants to the cultures containing narcotic substances are required special knowledge, courts by hearing of cases of this category shall have the corresponding decisions received according to the techniques approved by State commission on control of drugs.
To courts to mean what for determination of weight and the size and for the purpose of streamlining of withdrawal, storage and destruction of drugs, the psychotropic substances used in case of their production (precursors) the Government of the Kyrgyz Republic on September 25, 1997 by the resolution No. 555 approved the Provision "About procedure for withdrawal, storage and destruction of the drugs, psychotropic substances and substances used in case of their production (precursors) and where single rules of withdrawal, accounting, storage and destruction of the drugs, psychotropic substances and substances used in case of their production (precursors) are established and in the protocol constituted by the investigator immediately date is specified, the place and circumstances of detection of substances, their description, weight and method of weighing, the number of sealed packagings and issue of the weight of drugs by the expert is not resolved and special knowledge are not required.
2. Meaning that illegal acquisition or storage of drugs or psychotropic substances without sales objective differ on consequence in law from the similar actions made with sales objective and for each such case shall establish the purpose of acquisition or storage by the guilty person of drugs or psychotropic substances.
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