ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 6, 2008 No. 1017

About approval of Rules of destruction by criminal prosecution authorities of drugs, the psychotropic substances which are physical evidences on criminal cases

According to Article 223 of the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of destruction by criminal prosecution authorities of drugs, the psychotropic substances which are physical evidences on criminal cases.

2. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of November 6, 2008 No. 1017

Rules of destruction by criminal prosecution authorities of drugs, psychotropic substances which are physical evidences on criminal cases

1. General provisions

1. These rules of destruction by criminal prosecution authorities of drugs, the psychotropic substances which are physical evidences on criminal cases (further - Rules) are developed according to Article 223 of the Code of penal procedure of the Republic of Kazakhstan.

2. Rules determine procedure for destruction of drugs, psychotropic substances in the quantity exceeding upper limit for their reference to especially large size according to each name (type), after conducting judicial examination, the samples recognized by physical evidences except for filed.

2. Procedure for destruction

3. All withdrawn drugs and psychotropic substances within 24 hours go criminal prosecution authority to the relevant division of the Center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan for conducting judicial examination.

4. No later than 48 hours after conducting judicial examination by the investigator (investigator) the researched drugs, psychotropic substances join criminal case as physical evidences.

5. Based on the resolution approved with the prosecutor, the investigator (investigator) or according to its order the expert in the presence of the withdrawn drugs understood with obligatory application of video from lump, psychotropic substances selects samples in the quantity equal to the size of especially large size established by the law for the corresponding drug or psychotropic substance separately according to each name (type)

In case of withdrawal of two and more packagings of drugs or psychotropic substances samples are selected from each packaging.

6. The selected samples are packed, sealed, certified by signatures of the investigator (investigator), specialist and witnesses, filed as physical evidences.

Also phototables of all packagings in which drugs, psychotropic substances at the time of their detection and withdrawal, and also models of these packagings were stored or transported are filed.

7. The investigator (investigator) constitutes the protocol in which all actions taken for receipt of samples in that sequence in which they were made the research and other methods and procedures, and also samples applied at the same time are described.

8. The drugs which remained after sampling, psychotropic substances are weighed, packed, sealed, certified by signatures of the investigator (investigator), specialist and witnesses and are liable to destruction. Destruction of drugs and psychotropic substances is performed based on the decree of the investigator (investigator) approved with the prosecutor which is issued no later than 72 hours after carrying out sampling.

9. Until destruction drugs, psychotropic substances are stored in sealed type indoors for storage of physical evidences of criminal prosecution authority.

10. Destruction of drugs, psychotropic substances is performed within ten working days after approval of the resolution on destruction by the prosecutor.

11. Destruction of drugs, psychotropic substances, is made komissionno.

In criminal prosecution authorities by order of the first head the commission numbering at least five people which part the division manager of the investigation (inquiry) or person replacing it, the employee in whose production there was case, the employee of office, person responsible for storage of physical evidences and the representative of body of health care are is created. One of deputy managers of criminal prosecution authority who will organize its convocation and work is appointed the commission chairman.

Convocation and work of the commission is carried out according to the schedule approved by the first head of criminal prosecution authority, at least 3 times a month (ezhedekadno).

12. In case of absence the chairman appoints any of members of the commission other day for destruction of drugs, psychotropic substances, but no later than three days from the date of originally appointed term. In case of impossibility of its appearance in this time replacement with other employee of the same department is made.

13. Destruction of drugs, psychotropic substances, is made by burning.

14. Before destruction of drugs, psychotropic substances the commission checks integrity of packaging (packet) in which it was, availability of the corresponding signatures, seals, texts, verifies data of details of the inventory which is available in case of it containing specifying on the signs individualizing it with the document which formed the basis for destruction.

15. In case of detection of any discrepancies the statement which is signed by all members of the commission is drawn up, and without delay reported on the head of criminal prosecution authority and the supervising prosecutor. Upon establishment of discrepancies office investigation, after approval which conclusions destruction of drugs, psychotropic substances is carried out is made.

16. The procedure of destruction shall be fixed by photo and video filming with familiarizing of the finished shooting materials for criminal case.

17. About destruction of drug, psychotropic substance on each criminal case the statement in duplicate according to appendix to these rules which is signed by all members of the commission is drawn up. One copy of the act is filed in case, the second remains at responsible for storage of physical evidences.

Creation of the uniform act about destruction of physical evidences on several criminal cases is not allowed.

Appendix

to Rules of destruction by criminal prosecution authorities of drugs, the psychotropic substances which are physical evidences on criminal cases

Act No. ______ of destruction of drugs, psychotropic substances

 
     "___" _______________ 200_ г.           город (село) ____________
 
     Комиссия по уничтожению вещественных доказате�

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info