Now it is not easy to bring drug traffickers who sell “synthetics” to justice in the Republic of Kazakhstan. Flaws in the legislation have led to Kazakhstan becoming the epicenter of synthetic drug production in Central Asia. Zakon.kz tells how the new law should change the situation.
The current legislation of Kazakhstan is more aimed at counteracting, so to speak, the traditional drug trade, which operates on dope of natural origin, contained in opium poppies, cannabis, etc. However, current regulations are not effective against synthetic , that is, artificially obtained drugs. And it is on them that this criminal business is built in the 21st century.
In many ways, this was the reason for the amendments to the legislation. We explain how the new norms will work.
“Synthetics” requires clandestine laboratories and appropriate equipment, but also precursors, that is, substances used in the manufacture of drugs . It is obvious that the fight against drug crime must also be carried out by suppressing the illicit trafficking of precursors. This is the most effective measure. And this is exactly what the Republic of Kazakhstan has problems with.
The fact is that the current legislation establishes liability only for their smuggling ( Article 286 of the Criminal Code). But these chemicals can be produced in Kazakhstan. And they do it! However, there is no accountability for domestic trafficking of precursors. What did this lead to?
An analysis of the current drug situation indicates an intensification of criminal activity in the country to establish a network of clandestine production of synthetic drugs. Kazakhstan has become the epicenter of “synthetics” production in Central Asia.
The industrial scale is evidenced by the fact that 31 clandestine drug laboratories have been dismantled this year alone. Over 10 tons of precursors, more than a ton of narcotic drugs, including more than 457 kg of synthetic drugs, were seized.
The results could have been much more impressive. But law enforcement officers' hands are tied. In essence, they are forced to wait for drug traffickers to start cooking drugs. Otherwise, the case will have no judicial prospects.
The fact is that until underground chemists in a laboratory have produced the “target” drug from precursors, their actions fall under Article 301 of the Criminal Code only sometimes. Let us recall its disposition.
“Illegal production, processing, acquisition, storage, transportation, shipment for the purpose of sale , as well as illegal sale of toxic substances that are not narcotic drugs, psychotropic substances, their analogues, or tools or equipment for their production or processing.”
There are two flaws here.
Firstly, the article deals with toxic substances as raw materials for drugs. These can also be precursors. Or they may not. The fact is that these chemicals are often quite respectable medicines. Whether they are considered a “constructor” for synthetic drugs or a medicine depends only on the purpose of use.
In addition, drug addicts can use some of these drugs as an independent drug . For example, tramadol, which is a powerful pain reliever, but as an opioid is of clear interest to those with addiction. At the same time, the circulation of such potent drugs for their intended purpose obviously should not be considered a criminal offense.
Due to the reasons given above, precursors are not named in the current version of Article 301 of the Criminal Code. Which is what drug dealers used.
It was enough to acquire a license for pharmaceutical activities, after which it was difficult to prove that the same tramadol was sold not just to those suffering, but to those suffering by “dose”. And even if this could be proven, the maximum that the “pharmacists” could face was an administrative fine under Article 426 of the Code of Administrative Offenses for violating the rules of pharmaceutical activity. For example, for dispensing drugs without a prescription.
Secondly, as we see, a mandatory feature here is the sale of these items and substances. However, their actual implementers are located outside the country. Is this why over the past few years not a single criminal case has been initiated under Article 301 of the Criminal Code?
And that is why changes are being made to the Criminal Code . Its disposition is supplemented with precursors and potent substances as subjects of crime, and sales are transferred from mandatory to qualifying attribute . That is, criminal liability will arise, for example, for possession of precursors without the purpose of sale. In this form, the norm will be more instrumental, “working”.
That is, let’s assume that law enforcement agencies busted the same clandestine laboratory. Previously, if only raw materials were found, but no finished drugs, the case would fall apart in court. Now there are enough precursors for the article.
Although, of course, if the case involves just such precursors, which are also drugs (such as tropicamide, somnol, pregabalin, or tramadol), the investigation will have to prove the illegality of their trafficking, namely, that it is not carried out according to purpose. But under the existing criminal article, it will be much easier to prove this, and the punishment for drug traffickers will be harsher. Depending on the circumstances - up to 15 years in prison.
Let us remind you that earlier Zakon.kz published an article that the Mazhilis is discussing a bill “On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on combating illicit trafficking in narcotic drugs, psychotropic substances and their precursors.” The document was adopted in the first reading.
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