RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of October 27, 1995 No. 21

About court practice on cases on the crimes constituting drug trafficking or psychotropic substances

Illicit trafficking in drugs and psychotropic substances creates serious health hazard and to wellbeing of people, makes negative impact on criminogenic situation in the republic, economic and cultural bases of society, quite often it is connected with organized crime. The special alarm is caused by distribution of the specified crimes among minors.

The last years in the country growth of cultivation of the plants prohibited to cultivation, acreage of narkotikosoderzhashchy cultures is observed. The facts of detection of the big consignments of drugs including intended for transit through the territory of the Republic of Uzbekistan became not single.

Significant amount of these crimes is made by the groups organized, having the established relations in other countries with use of hiding places and technical means. For transportation of drugs women and teenagers quite often are attracted.

Because of drug addiction many serious crimes are committed, families break up. The number of the registered addicts grows.

Despite it courts not fully use law force for eradication of drug addiction. Often due requirements to investigation authorities, the sources of distribution of drugs and psychotropic substances which are not taking measures to identification are not imposed. There is no single approach to legal evaluation of the conclusions of examinations, qualification of crimes, especially storage, sale and sale of drugs. Not always in necessary cases the guilty person appoints enforcement powers of medical nature. Still continue to take place the facts of undifferentiated approach by courts to purpose of measures of criminal penalty that it is connected with underestimation of public danger of deeds.

In some cases elderly people were brought to trial for cultivation of the plants prohibited to cultivation, and the actual responsible remained unpunished. The reasons and conditions promoting making of crimes are not always established.

For the purpose of enhancement of judicial activities for hearing of cases about the crimes connected with drug trafficking or psychotropic substances, the correct application of the new legislation the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts to need of improvement of quality and efficiency of administration of law on cases on drug trafficking or psychotropic substances taking into account its increased public danger. Provide careful, comprehensive investigation of all facts of the case, identification and elimination of the reasons and conditions promoting making of the specified crimes.

2. Explain that it is necessary to understand crops of seeds or planting of seedling without proper permission on any parcels of land as crops of the cultures prohibited to cultivation, including on the empty lands. This crime is recognized ended from the moment of crops irrespective of the subsequent vskhod or growth of plants. Depending on the size of acreage of action of the guilty person are qualified by the corresponding parts of Art. 270 of the Criminal code, at the same time for qualification as regards 1 this Article the size of acreage shall be to 250 square meters.

It is necessary to understand care of their landings and shoots for the purpose of bringing to maturing stage as cultivation of the cultures prohibited to cultivation.

If person cultivates the cultures prohibited to cultivation on different squares, in case of qualification of deeds it is necessary to proceed from actually sowed total area.

If crops or cultivation of the cultures prohibited to cultivation is integrated to the subsequent production, storage, transportation, transfer with sales objective or without sales objective, and equally in sale, sale of narcotic substances, such actions should be qualified on cumulative offenses, stipulated in Article 270 and the relevant articles of the Criminal code.

3. Exclusive danger to society is constituted by making of illicit trafficking narcotic to means or psychotropic substances organized criminal group.

According to part four of article 29 of the Criminal code organized group preliminary consolidation of two or more persons in group for joint criminal activities is recognized.

The main criteria for qualification of criminal group as organized should be considered, for example, its stability, availability in it of the organizer, aiming at making of crimes numerous, as a rule, planning and development of details of crime, cast of each participant, technical equipment, taking measures to concealment of crime, subordination to group discipline and instructions of the organizer of criminal group and so on.

In sentence it shall be reflected by what criteria the criminal group was recognized as organized.

4. According to Art. 271 of the Criminal code responsibility for occupancy by drugs or psychotropic substances comes in cases of their unlawful taking from the companies, the organizations and organizations which are growing up narkotikosoderzhashchy plants or their parts from fields of agricultural enterprises and the parcels of land of citizens, and also unlawful taking of drugs or psychotropic substances at the citizens owning them it is lawful or illegal. The occupancy by drugs or psychotropic substances (article 271 of the Criminal code) made by theft, fraud, assignment or waste, robbery, abuse of official capacity, racketing, robbery should be qualified on cumulative offenses, the provided Articles 271 and the relevant articles of the Criminal code providing responsibility for plunder of alien property only when sanctions of these Articles (parts of Article) prescribe more stiff punishment, than Art. 271 of the Criminal code.

Investigation authorities and courts shall find out the purpose of illegal occupancy by drugs or psychotropic substances. In case of establishment that occupancy is made for the subsequent sale, sales, actions of the guilty person it is necessary to qualify and as preparation for the specified crimes.

5. (P.1 Art. 273 of the Criminal code) should understand any methods of their distribution as illegal sale of drugs or psychotropic substances (transfer, donation, introduction of injections to other person, exchange, giving on credit and on account of debt, and also sale, etc.). As sale of drugs or psychotropic substances shall be considered as one of methods of their sale.

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